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1927 Supreme(SC) 22

LORD PHILLIMORE, LORD SINHA, LORD BLANESBURGH, LORD SALVESEN
DHANNA MAL – Appellant
Versus
MOTI SAGAR – Respondent


Advocates:
Solicitors for appellants:T. L. Wilson & Co. Solicitor for respondent: H. S. L. Polak.

Judgement

Appeal (No. 110 of 1925) by special leave from a decree of the High Court (March 17, 1922), reversing a decree of the District Judge of Dharwar (December 18, 1917) which reversed a decree of the Subordinate Judge of Delhi.

The respondent as ground landlord of a plot of land in Sadar Bazar Cantonment, Delhi, brought the present suit in 1915 to eject the appellants, the tenants, after notice. The defendants pleaded, among other defences, that the tenancy was permanent.

The facts appear from the judgment of the Judicial Committee. It may be added that the buildings which had been erected by the original tenants having been destroyed by fire in 1911, buildings (existing at the date of the suit) were erected after the landlord had given the tenants written notice that their holding was temporary and that they were not entitled to erect buildings.

The Subordinate Judge decided all the issues material to the present appeal in favour of the plaintiff, made a decree for ejectment, but gave the defendants a year within which to remove their buildings.

On appeal to the District Court the decree was reversed and the suit dismissed. The District Judge, inferring that the land had been
























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