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1998 Supreme(SC) 1453

A.S.ANAND, V.N.KHARE
Anand K. Jain – Appellant
Versus
K. L. Pandey – Respondent


Advocates Appeared:
For the Appellants :- Mr. Gulab Gupta, Senior Advocate with A.K. Snaghi, Surya Kant, Rahul Shrivastava, Advocates.
For the Respondent:- Mr. S.S. Tiwari, Advocate.

ORDER :

This appeal by special leave arises in the following circumstances -

2. Appellants purchased the suit property by a registered sale deed dated 31st March, 1992 from the original owner Mr. A.L. Agate. The respondents were the tenants of the suit premises under the original owner. The appellants asked the respondents to start paying rent to them w.e.f. 1.4.1992 but the rent was not paid. The appellants filed a suit for eviction against the respondents since failed to vacate the premises in spite of service of notice to quit. Eviction of the respondents was sought on the grounds (a) non-payment of rent (b) bona fide requirement for personal use of the landlord and (3) illegal encroachment by the tenant on the other property belonging to the landlord. The suit was contested and following issues came to be raised -

    1. (a) Whether the plaintiff are owners and landlords of the suit land ?

    (b) Whether the defendants are tenant @ Rs. 45/- per month to the suit land as shown in the plaint map and the defendants are tenant of the plaintiffs ?

    2. Whether the plaintiffs are entitled for the vacant possession of the suit land due to notice of demand and the tenancy determined ?

    3. (a) Whether

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