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1992 Supreme(SC) 86

V.RAMASWAMI, B.P.JEEVAN REDDY, L.M.SHARMA
Vasudha Srivastava – Appellant
Versus
Kamla Chauhan – Respondent


Advocates:
H.K.PURI, LALITA KOHLI, MANOJ SVARUP, SUNIL GUPTA, VITAAM NATH

JUDGMENT

SHARMA, J.:- Special leave is granted.

2. The appeal arises out of a suit for eviction of the respondents from a building in the city of Allahabad. The premises belonged to one G. D. Srivastava, who on his death was succeeded by his two daughters Smt. Shashi Srivastava, the sole original plaintiff since dead (substituted by her legal representatives) and the appellant No. 6 Smt. Sarojini. According to the case of the appellants the property remained under the management of Shashi Srivastava on her own behalf as well as her sister Sarojini Sinha, who was not residing in Allahabad. The house was let out to the respondent No. 2 Harpal Singh Chauhan, a Government servant, in 1968. In 1978 Harpal Singh Chauhan was transferred outside Allahabad, and certain strangers initiated a proceeding under S. 12(3A) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) with a prayer to declare the premises vacant. Harpal Singh contested the case on the ground that his wife, respondent No. 1 Smt. Kamla Chauhan and not he was the tenant. It is not necessary to set out the details relating to the said proceeding except stating that






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