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1990 Supreme(Pat) 33

S.B.SINHA
Narain Sahu – Appellant
Versus
Atma Ram Bajoria – Respondent


Judgment

S.B.Sinha, J.

1. All these three appeals involving common questions of law and facts with the consent of the parties were heard together and are being disposed of by this common judgment.

2. The plaintiffs-appellants filed three suits being Title Suit Nos. 112 of 1974, 113 of 1974 and 114 of 1974, alleging, inter alia, therein that the respective defendants in each suit became defaulter by not paying and/or depositing the rent, in accordance with law from February, 1971 till the date of the institution of suit.

3. The plaintiffs in the suit further prayed for a decree on the ground of personal necessity but the said plea has been negatived by both the learned courts below.

4. It is further admitted that in terms of an order pessed in Title (Partition) Suit No. 27/40, the defendants were directed to deposit the rent in the said court and pursuant thereto, the defendant deposited the stipulated monthly rent till 15.1.1971 when the property which was attached in the said suit was released from attachment.

5. According to the defendants, thereafter, they went to the plaintiff No. 1 for tendering the rent for the remaining period of January and whole period of February, 1971, bu


































































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