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1981 Supreme(SC) 201

A.P.SEN, D.A.DESAI
Kaloo – Appellant
Versus
Gauri Shankar – Respondent


Judgment

DESAI, J.:- Two tenants Kaloo and Chet Narain occupying two different portions of a building belonging to respondent Gauri Shankar are the appellants in these two appeals involving a common question of law. A few facts shedding light on the question of law may be stated.

2. One Brij Mohan was the owner of a building. Brij Mohan sold the building to one Shital and Gauri Devi. Respondent Gauri Shankar and his cousin Sheo Narain purchased the building from Shital and Gauri Devi by a registered sale deed dated July 29, 1965. There is some dispute as to whether both of them jointly purchased the whole property or by a single sale deed each of them purchased separate and specified portion of the same building and this controversy has led to some confusion in these proceedings.

CA No. 813/80 :

3. Bhola was inducted as a tenant, in a shop forming part of this building. Appellant Kaloo (CA 813/80) and one Hira Lal, brothers of Bhola, according to them, were staying with Bhola in his lifetime and on death of Bhola in Aug., 1966 they inherited the tenancy rights in respect of the shop. Respondent landlord Gauri Shankar served notice dated Dec. 22, 1965 (Ext. 9) upon Bhola alleging that h



































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