REGENT COMPUTRONICS PVT. LTD.

KALICHARAN Appellant

V/S

Sacheti Brothers Respondents

Referred Judgements :-

POORAN MAL VS. RAHMAN [REFERRED TO]
GAURI LAL VS. GURJAR MAL [REFERRED TO]
SEWA RAM VS. MANOJ KUMAR [REFERRED TO]
CHANDGI RAM VS. BABULAL [REFERRED TO]
DR. KEDAR NATH VS. SMT. DHAPU KANWAR [REFERRED TO]
RANCHOD B. DAS VS. LRS OF KANHAIYA LAL [REFERRED TO]
PIRGONDA HONGONDA PATIL VS. KALGONDA SHIDGONDA PATIL [REFERRED TO]
RUKHMABAI VS. LALA LAXMINARAYAN [REFERRED TO]
GOPAL KRISHNAJI KETKAR VS. MOHAMED HAJI LATIF [REFERRED TO]
B BANERJEE KAMAL LAL GHOSAL VS. ANITA PAN:ENA DUTTA [REFERRED TO]
NAVANEETHAMMAL VS. ARJUNACHETTY [REFERRED TO]
KONDIBA DAGADU KADAM VS. SAVITRIBAI SOPAN GUJAR [REFERRED TO]
SANTOSH HAZARI VS. PURUSHOTTAM TIWARI [REFERRED TO]
SAMPATH KUMAR VS. AYYAKANNU [REFERRED TO]
THIAGARAJAN VS. VENUGOPALASWAMY B KOIL [REFERRED TO]
RAM DASS VS. DAVINDER [REFERRED TO]
REVAJEETU BUILDERS AND DEVELOPERS VS. NARAYANASWAMY AND SONS [REFERRED TO]
UMERKHAN VS. BISMILLABI ALIAS BABULAL SHAIKH [REFERRED TO]
VINAY SHARMA VS. STATE OF U P [REFERRED TO]
SHYAM SUNDER VS. PRAKASH CHAND [REFERRED TO]
PREM PRAKASH VS. RENT APPELLATE TRIBUNAL ALWAR AND ORS. [REFERRED TO]
DAMODAR LAL VS. SOHAN DEVI [REFERRED TO]
GURNAM SINGH (D) BY LRS. AND OTHERS VS. LEHNA SINGH (D) BY LRS [REFERRED TO]
STATE OF RAJASTHAN VS. SHIV DAYAL [REFERRED TO]
C. DODDANARAYANA REDDY VS. C. JAYARAMA REDDY [REFERRED TO]

JUDGEMENT

(1.) Legal representatives of original defendant Kalicharan have preferred this second appeal under Sec. 100 of CPC, assailing the judgment and decree dtd. 6/2/2010 passed in Civil Regular First Appeal No.271/2004 (262/2009) by the Court of Additional District Judge (Fast track) No.4, Ajmer, affirming the judgment and decree dtd. 24/9/2004 passed in Civil Suit No.58/95 (9/2002) by the Court of Additional Civil Judge (Senior Division) No.2, Ajmer whereby and whereunder the decree for eviction and arrears of rent has been passed in favour of respondents-plaintiffs and against defendants- present appellants.

(2.) The relevant facts of the case, in brief, are that respondents-landlord instituted civil suit on 16/2/1987 against defendant Kalicharan, in relation to shop in question situated at Madargate, Ajmer which was let out in the year 1948 at the rate of Rs.44.00per month in the name of one Naval Kishore, who happens to be the younger brother of defendant Kalicharan. It was stated in the plaint that original tenant Naval Kishore has died on 28/12/1986 and defendant Kalicharan was in Railway service, who never did any business with tenant Naval Kishore in the rented shop, therefore, tenancy rights not devolve upon the defendant and further rent for the shop in question has also not been paid, therefore, plaintiff prayed for due arrears of rent and for possession of the rented shop from defendant Kalicharan.

(3.) The original defendant Kalicharan submitted his written statement stating that shop in question was taken on rent by him being karta of the joint Hindu family in the name of his brother Naval Kishore who was carrying on business of shoe selling in the name of N.K. Handloom and he used to help Naval Kishore in the business, therefore, tenancy rights have devolved upon him and he is having possession of the suit shop, in the capacity of tenant.

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KALICHARAN Vs. SACHETI BROTHERS

Referred Judgements :-

JUDGEMENT

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