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1999 Supreme(Pat) 1233

P.K.DEB
Lala Yadav – Appellant
Versus
Nathuni Yadav – Respondent


Judgment

P.K.Deb, J.

1. This appeal has been preferred by the above-named defendant-respondent-appellant against the judgment and decree dated 4-12-1997 passed by the Second Additional District Judge, Aurangabad, in Eviction Appeal No. 2 of 1990 (3 of 1993) reversing the judgment and decree dated 19-7-1990 passed by the Second Additional Munsif, Aurangabad, in Eviction Suit No. 2 of 1986.

2. The respondent No. 1 as a sole plaintiff filed Eviction Suit No. 2 of 1986 against the appellant as defendant No. 2 and respondent No. 2 as defendant No. 1 for vacating the premises in suit and for delivery of possession to the plaintiff. The plaintiffs case, in short, is that he being the karta of the family gave the suit house to defendant No. 1 (Respondent No. 1) consisting of three rooms and a varandah thatched with tiles as described in Schedule-I of the plaint at a rental of Rs. 60.00 . according to the English calendar month. As per the plaintiffs case, the aforesaid tenancy was commenced from 1-7-1985 and kirayanama was also executed on 28-6-1985 and thus, the relationship of landlord and tenant was there between the plaintiff and defendant No. 1. It has been pleaded that defendant No. 1















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