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2020 Supreme(Chh) 195

SANJAY K.AGRAWAL
ASHOK KUMAR GUPTA (DIED) – Appellant
Versus
GAURI BAGCHI – Respondent


Advocates Appeared:
Shashi Bhushan Tiwari, Advocate, B.P. Gupta, Advocate

JUDGMENT

Sanjay K Agrawal, J. - This second appeal preferred by the appellants/Lrs. of plaintiff was admitted for hearing on the following substantial question of law :-

"Whether learned lower appellate Court was justified in reversing the decree by holding that the plaintiff failed to prove his title ?"

(For the sake of convenience, the parties will be referred hereinafter as per their status before the trial Court.)

2. Original plaintiff Ashok Kumar Gupta (who died during the pendency of this second appeal) filed a suit for eviction and arrears of rent against the defendant stating inter alia that he and his wife purchased the land bearing Khasra No. 7848/1 from one Shanti Bai by registered sale deed dated 17/02/1998 (Ex. P/1) and got their names recorded in the revenue records. Thereafter, they constructed suit shop on the said land and let it out to the defendant for monthly rent of Rs. 800/-. Due to his bona fide need, plaintiff required the suit shop and therefore, he served Ex. P/6 upon the defendant to vacate the suit shop but defendant did not vacate the suit shop and failed to pay the rent from August, 1995 to March, 1997 which led to the filing of the suit by the plaint

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