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1981 Supreme(Pat) 146

ALI AHMAD
Inter State Transport Agency – Appellant
Versus
Habiba Khatoon – Respondent


Advocates appeared:
For the Appellant: M/S Kailash Roy, Baleshwar Prasad Gupta, Masoom Ali Rahmani, Rakesh Ranjan Prasad;
For the Respondent: M/S Shreenath Singh, S. Rafat Alam and S. Arshad Alam.

Judgment

S. Ali Ahmad, J.

These appeals, which have been heard together and are being disposed of by this Judgment, are by the defendant. They arise out of three suits filed by the plaintiff, seeking eviction of the appellants from the premises, they were occupying under here as tenant. The case of the plaintiff-respondent is that the defendant defaulted in paying rent for the months of May, 1973 to December, 1973 for each of the suit premises, where after the plaintiffs served the defendant with notices under Section 106 of the Transfer of Property Act for each of the suit premises. She says that in spite of the notice and request to vacate the premises, the defendant did not vacate them, and as such, the plaintiff was obliged to file the suits giving rise to these appeals.

2. The suit was contested by the defendants. Its case, inter-alia, was that rent for the months of May and June, 1973 was paid to the son of the plaintiff on 29-6-1973, who promised to send the receipt, but on account of an ulterior motive, he did not do so. With regard to rent for the months of July to December, 1973, it was said that the rent for these months were sent to the plaintiff by money orders, but they























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