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1994 Supreme(SC) 132

M.K.MUKHERJEE, S.MOHAN
Kranti Swaroop Machine Tools Private LTD. – Appellant
Versus
Kanta Bai Asawa – Respondent


Advocates:
A.D.N.Rao, A.SUBBA RAO, Bal Chand, Dhruv Mehta, S.K.MEHTA

Judgment

MOHAN, J.:- All these appeals can be dealt with under a common judgment since they arise out of one and the same order in all the Courts. The 1st respondent landlady, Smt. Kanta Bai Asawa and her mother Smt. Godavari Bai Rathi are the owners of mulgies bearing Municipal Nos. 3.2.840/6 and 3.2.840/7, situated at Veer Sawarkar Road, Kacheguda, Hyderabad. These two mulgies were let out to appellants tenants under separate lease-deeds (marked as P1 and P2 respectively in the trial Court) executed on 23-9-1978.Ex. P1 is in respect of mulgi bearing No. 3.2.840/6 and Ex. P2 is in respect of mulgi bearing No. 3.2.840/7. Alleging that the tenants had committed wilful default in payment of rent as well as the taxes due to the Municipal Corporation in respect of the demise premises, the landladies filed four eviction petitions bearing R. C. Nos. 291 / 84, 292/84, 1972/86 and 1973 / 86 on the file of the First Additional Rent Controller at Hyderabad. The tenants contended that they did not commit wilful default either with regard to payment of rent or municipal taxes.

2. All the petitions were clubbed together. Common evidence was adduced in R.C. No. 29 1/84. The Rent Controller came to

































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