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1960 Supreme(SC) 203

K. SUBBA RAO, P. B. GAJENDRAGADKAR, B. P. SINHA, J. L. KAPUR, K. N. WANCHOO
Ram Nath – Appellant
Versus
Ram Nath Chhittar Mal: Sohan Lal: Jai Kishan, Another – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.KISHORE, C.B.AGARWAL, C.P.AGARWAL, G.C.MATHUR, R.M.Gupta, R.S.NARULA, S.S.Chadha

Judgment

KAPUR, J. : These appeals are directed against three judgment and orders of the Punjab High Court in three Civil Revisions Nos. 166-D, 167-D and 168-D which were brought by the appellants against three of their tenants under S. 35 of the Delhi and Ajmer Rent Control Act (XXXVIII of 1952) hereinafter termed the Act. The appellants in all the three appeals are the landlords and the respondents in the three appeals are three different tenants.

2. The appellants filed three separate suits for the eviction of their three tenants under cl. (g) of proviso to S. 13(1) of the Act on the ground that the premises were bona fide required for purposes of rebuilding. On February 27, 1953, the parties in all the three suits entered into a compromise in the following terms :

"We have compromised the case with the plaintiff. A decree may be passed for Rs. 82/8/- on account of rent in suit and for ejectment in respect of the shop in suit in favour of the plaintiff against the defendants. The defendants will vacate the shop by 4-3-53 and hand over possession to the plaintiff and the plaintiff will hand over its possession again (second time) to the defendants within six months from 4-3-53 after


















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