LAWS(RAJ)-1988-11-2

STATE Vs. GOVIND RAM

Decided On November 28, 1988
STATE Appellant
V/S
GOVIND RAM Respondents

JUDGEMENT

(1.) All these three D.B. Civil Special Appeals arise out of a common judgment dt. July 26, 1983, of a learned single Judge of this Court, allowing S.B. Civil Writ Petition No.1494/1982 Govind Ram v. State of Rajasthan and others, S.B. Civil Writ Petition No. 1495/1982 Kishan Lal v. State of Rajasthan and others and S.B.Civil Writ Petition No. 1496/1982 Prem Prakash v. State of Rajasthan and others. Since the main judgment of the learned single Judge has been announced in S.B. Civil Writ Petition No.1494/1982 and the facts and points involved in all the three appeals are similar, the facts of this appeal only may be mentioned for the purpose of convenience.

(2.) Govind Ram (hereinafter to be referred as the respondent) had been a tenant under the State of Rajasthan (hereinafter to be referred as the appellant), in respect of Shop No. 48A (hereinafter to be referred as the Shop) underneath Police Station Thanmandi, Udaipur. The lease agreement provided that the tenancy could be terminated by giving one month notice.

(3.) Since the appellant wanted to construct a new building for the Police Station, after demolishing the old one, vide notice dt. Jan 21, 1981 (Ext. R/1), the appellant intimated this fact to the respondent and gave him 30 days time to vacate the shop and handover its possession.