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2002 Supreme(SC) 664

S.N.VARIAVA, S.S.M.QUADRI
Ashok Kumar – Appellant
Versus
Rishi Ram – Respondent


JUDGMENT

Syed Shah Mohammed Quadri, J.-Leave is granted.

2. This appeal is from the judgment and order of the High Court of Judicature at Allahabad in CMWP No. 10594 of 1985 made on August 3, 2001.

3. A summary of facts leading to filing of this appeal may be noted to appreciate the controversy in this appeal. The dispute arises under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the U.P. Act ). The appellants and the 3rd respondent are legal representatives of the tenant late Jai Prakash who died after institution of the suit (hereinafter referred to as the tenant ) and Respondents 1 and 2 are the landlords (hereinafter referred to as the landlords ) of Shop No. 279, Main Bazar, Ward No. 9, Murad Nagar consisting of four chambers out of which two were covered with roof and two at the back without roof and saiban (for short, the suit building ). They purchased it from late Gopi Chand, the previous landlord. The suit building was let out to the said Jai Prakash on a monthly rent of Rs. 37.50. Alleging that the rent for the months of May, June and July, 1976 was not paid, the landlords sent a notice of demand for arrears of rent on March 30

























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