GENERAL AUTO AGENCIES JAIPUR Vs. HAZARI SINGH
LAWS(RAJ)-1977-3-7
HIGH COURT OF RAJASTHAN
Decided on March 07,1977

GENERAL AUTO AGENCIES, JAIPUR Appellant
VERSUS
HAZARI SINGH Respondents


Referred Judgements :-

GIAN CHAND BALI V. SMT. SITA DEVI [REFERRED TO]
MISHRILAL V. SHIV CHARAN [REFERRED TO]
BRIJ KISHORE V. DR. AMAR NATH [REFERRED TO]
PRABHASHANKER V. SMT. RUKMANI [REFERRED TO]
CHANDRASINH MANIBHAI VS. SURJIT LAL LDHAMAL CHHABDA [REFERRED TO]
SHAH BHOJRAJ KUVERJI OIL MILLS AND GINNING FACTORY VS. SUBHASH CHANDRA YOGRAJ SINHA [REFERRED TO]
RAFIQUENNESSA MOHAMMAD WAHEDULLA VS. LAL BAHADUR CHETRI SINCE DECEASED AND AFTER HIM HIS LEGAL REPRESEN TATIVES:MOHAMMAD ABDUL HANAID [REFERRED TO]
M G DUA VS. BALLI MAL NAWAL KISHORE [REFERRED TO]
JAGAT RAM HAMIR CHAND VS. SHANTI SARUP [REFERRED TO]
MARTIN AND HARRIS PVT LTD VS. PREM CHAND [REFERRED TO]
HARI NARAIN VS. LALLU NARAIN [REFERRED TO]
BHANWARLAL VS. NATHMAL [REFERRED TO]



Cited Judgements :-

VIJAYA BAI VS. SUBHAS SHRIPAD CHINCHEWADIKAR [LAWS(KAR)-2002-11-48] [REFERRED TO]
TARA DEVI VS. SAKKU BAI [LAWS(KAR)-2003-1-61] [REFERRED TO]
HANUMANDAS S O BAJRANGDAS GUPTA VS. BAARKHA [LAWS(BOM)-2000-9-35] [REFERRED TO]
LAKPA SHERPA VS. TEMPA SHERPA [LAWS(SIK)-1996-9-1] [REFERRED TO]
RAWAL DAS VS. VASUDEVI [LAWS(RAJ)-1978-3-2] [REFERRED TO]
JAMANDASS VS. GOKULDASS [LAWS(RAJ)-1983-1-16] [REFERRED TO]
CHHUTBAI VS. MADANLAL [LAWS(MPH)-1989-5-5] [REFERRED TO]
CHITREKHA VS. ROOP NARAYAN VERMA [LAWS(CHH)-2011-7-15] [REFERRED]
KISHAN LAL VS. DEO PRASAD [LAWS(RAJ)-1984-1-17] [REFERRED TO]


JUDGEMENT

- (1.)THIS special appeal by the tenant-defendant is directed against the judgment of the learned single Judge dated August 26, 1975, affirming the judgment and decree of the learned Additional District Judge No. 2, Jaipur, dated September 21, 1974, by which he directed the eviction of the appellant.
(2.)THE defendant-appellant is a tenant on a rental of Rs. 425/- per mensem. The plaintiff claims to have purchased the property in dispute from the previous owner on November 7, 1968. The plaintiff filed a suit for eviction on the ground of personal bona fide need as well as on the ground that the defendant-appellant was in arrears of rent and was a defaulter. The trial court, by his judgment dated November 21, 1974, decreed the plaintiff's suit and directed the eviction of the appellant. The defendant filed the first appeal before this court. The following points were argued,- (
1) That the suit was not maintainable as it was filed against M/s. General Auto Agencies which was not a juristic person. (2) That the defendant could not be declared as a defaulter after depositing Rs. 12,225/- as arrears of rent for 27 months on the first date of bearing after he was properly served with the correct copv of the plaint by the court. (3) That the notice being defective did not lay a valid foundation for filing the suit for ejectment and, therefore, the suit should have been dismissed on that ground, and (4) That the plaintiff failed to prove his bona fide and reasonable necessity for getting a decree of eviction in his favour.

(3.)THE learned single Judge held that the notice was valid. The learned single judge also held that the suit was properly filed against the appellant and decided both these points against the appellant. Mr. C. L. Agrawal, learned counsel for the appellant, has not challenged the said findings and, therefore, it is not necessary to so into these.


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