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1990 Supreme(SC) 436

K.JAYACHANDRA REDDY, N.D.OJHA
Kehar Singh – Appellant
Versus
Yash Pal – Respondent


JUDGMENT

The appellant, Kehar Singh instituted a suit for ejectment of the respondents from a premises inter alia on the allegation that respondent No. 1, Yash Pal was his tenant and he had sub-let the premises to respondents 2 and 3, who are father and son. A claim for arrears of rent etc. was also made. The suit was contested by the respondents on various grounds; one of them being that respondents 2 and 3 were not subtenants of Yash Pal but were direct tenants of the appellant himself. After taking into consideration the evidence adduced by the parties, the trial Court repelled the various pleas raised in defence on behalf of the respondents and decreed the suit. Aggrieved, the respondents preferred an appeal which was decided by the Additional District Judge, Jullundhar. It appears from paragraphs 7 and 8 of his judgment that the only point which was pressed before him was that respondents 2 and 3 were not sub-tenants of respondent No. 1 but they were direct tenants of the appellant. The Additional District Judge agreed with the trial Court on this point and affirmed its findings that respondents 2 and 3 were the sub-tenants of respondent No.1 and not direct tenants of the appel









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