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1989 Supreme(Pat) 184

B.P.SINGH
Joganda Mal – Appellant
Versus
Bhagwan Mishra – Respondent


Judgment

B.P.Singh, J.

1. This appeal is directed against the judgment and decree passed by the 1st Additional Subordinate Judge, Hazaribagh dated 11th March, 1980 in Title Appeal No. 19/6 of 1978-79 whereby the learned Addl. Subordinate Judge affirmed the judgment and decree passed by the Munsif, Sadar, Hazaribagh, dated 29-1-79 in Title Suit No. 16/73, The trial court as well as the appellate court have upheld the plea of the respondent-plaintiff who is the landlord of the suit premises that the appellant/ defendant was a defaulter in payment of rent from December, 1960 onwards.

2. The case of the respondent/landlord was that the appellant/ defendant was a monthly tenant in the suit premises of which the monthly rental was Rs. 35. The appellant paid rent till November, 1969, but, thereafter, defaulted in payment of rent. The appellant did not pay rent for the month of December, 1969 and thereafter. In this view of the matter, the respondent/landlord terminated his tenancy by issuance of a registered notice dated 27-5-72 whereby the tenancy stood terminated w.e.f. 30th June, 1972 and the appellant/tenant was requested to deliver possession of the suit premises to the respondent/lan






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