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2005 Supreme(Chh) 229

V.K.SHRIVASTAVA
M. P. RAJYA SETUNIRMAN. NIGAM – Appellant
Versus
JAIKISHORE JAISWAL – Respondent


Advocates appeared:
Mr. J.D. Bajpai, Government Advocate, for the Appellants/State.
Mr. Prafull Bharat, for the Respondent.

JUDGMENT

1. This is an appeal directed against the judgment and decree dated 12/ 02/1993 passed by 1st Additional District Judge, Jagdalpur, in Civil Suit No.5B/ 90, by which the suit filed by the plaintiff - respondent for recovery of rent Rs. 85,941/- with interest has been decreed.

2. The respondent is the owner of the plot bearing No.8/2 area 75072 Sq.Ft. The godown situated over the plot was let out to the appellants/defendants on a monthly rent of Rs.800/-. Subsequently, since 01.06.1983, the open area was also taken on rent and occupied by the appellants. Appellant No.2 wrote a letter to Collector, Bastar for fixation of rent. Collector Bastar assessed the rent @Rs. 1061/- per month and made payable from 01.06.1983, but appellants did not make any payment towards the rent The appellants were served with legal notice under Section 80 of the Code of Civil Procedure and thereafter claiming arrears of rent, from 1-6-1983 to February, 1990, i.e. Rs.85,941/- with interest, a suit had been filed by the respondent. The appellants have admitted that the, disputed land is in their possession and they are using it. For fixation of rent, they asked the Collector, Bastar, who fixed the r
































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