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1968 Supreme(Pat) 169

S.C.MISRA, B.D.SINGH
Abdul Ghaffar – Appellant
Versus
Sawal Ram – Respondent


Judgment

B.D.Singh, J.

1. These three appeals were filed separately by the plaintiff-appellant against the judgment and decree of the Second Additional Subordinate Judge, Muzaffarpur, affirming those of the Additional Munsif, Muzaffarpur. The three suits were filed by the plaintiff for eviction of the defendants from some katras (shop rooms) in Mohalla Saraiyaganj in Muzaffarpur town, and for the recovery of arrears of rent, and they were heard together by the trial court as the plaintiff in all the suits is the same and common questions of fact and law were involved in all the suits. Similarly, for the same reason the appeals were heard together by the lower appellate court and disposed of by one judgment. In this Court also, for the same reason, these appeals have been made analogous and this judgment will govern all of them.

2. The plaintiffs case, in short, is that the defendants are the tenants of the three shop rooms which have become verv old and have outlived their utility and they are in a dangerous condition. A notice was also served upon the plaintiff by the Municipal authorities calling upon him to demolish the said katras due to their dangerous condition. Therefore, the















































































































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