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1987 Supreme(SC) 30

SABYASACHI MUKHARJEE, K.N.SINGH
Om Prakash – Appellant
Versus
Amar Singh – Respondent


Advocates:
Abha Jain, GOBINDA MUKHOTY, P.Anshu Mishra, R.B.MAHATO, R.S.SINGHAL, S.K.VERMA, S.N.KACKAR

Judgment

SINGH, J.: - This appeal by special leave is directed against the judgment of the High Court of Allahabad setting aside the judgment and decree of the first appellate Court and decreeing the landlords suit for eviction against the appellant.

2. The appellant has been tenant of Kothi No. 196 situated in Dholki Mohalla, Sadar Bazar, Meerut Cantt. ever since 1961 on a rent of Rs. 93/- per mensem. The tenanted premises was let out to the appellant for running a Dal and Oil Mill. The respondents purchased the building from the erstwhile owners in 1963, a year later, they filed a suit for appellants eviction on a number of grounds including the ground that the appellant had made constructions materially altering the accommodation without their consent causing substantial damages to it. It is not necessary to refer to other grounds as the sole ground which survived for the decree of eviction relates to the material alterations made in the tenanted premises without obtaining the consent of the landlord. The disputed constructions include a partition wall in a hall converting the same into two portions and tin sheds shown by letters ABHG and CDGH. The trial Court held that the partit













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