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1949 Supreme(Pat) 16

NAGESHWAR PRASAD, S.K.DAS
Bansi Sah – Appellant
Versus
Krishna Chandra – Respondent


Judgment

Das, J.

1. These four second appeals arise out of three suits for rent & one title suit. The Cts. below dealt with the four suits, & the first appeal arising therefrom, by one judgment. We have also heard the four appeals together, as they raise a common question of law & fact, & the present judgment will govern all the four appeals.

2. The relevant facts are the following. In the three suits for rent, the applts. were the defts. & in the title suit the applts. were the pltfs. The suits related to a pucca, one storeyed, brick-built house with the premises thereof, bearing holding No. 126 in Ward No. 3 of the Muzaffarpur Municipality. The aforesaid house & premises were leased for a term of ten years by means of registered lease dated 81-1-1928, at a monthly rental of Rs. 75. The lease was in favour of one jagdish Chandra Mitra, who got possession, started an ice factory in the building & premises & paid the stipulated rent per month. In July 1930, Jagdish Chandra Mitra transferred his leasehold interest to the present applts. who also came in possession, & continued to work the ice factory on payment of the stipulated rent. Sometime after, they fell in arrears of rent & had
























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