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1963 Supreme(Raj) 174

BHARGAVA
Gyanchand – Appellant
Versus
Madanlal – Respondent


Advocates Appeared:
Sumerchand Bhandari and Shantilal Mardia, for Appellant-Petitioner; D.P. Gupta, for Respondent-Opposite Party.

BHARGAVA, J.—The above two appeals and the revision application have been filed on behalf of the landlord against the tenant and raise a common question of law. Hence they are disposed of by one judgment.

2. The two appeals and the revision application arise out of suits filed by the landlord for arrears of rent. In appeal No. 118 of 1956, there was also a prayer in the suit for ejectment of the tenant but I am informed that the tenant has already vacated the shop and that question need not be decided now. So the only dispute between the parties is with regard to the arrears of rent. The claim for arrears of rent in second appeal No. 98 of 1956 is for the period commencing from 13th June, 1947 to 5th March, 1952. In Second appeal No. 188 of 1956, the arrears of rent are claimed for the period from 4th May, 1952 to 31st March, 1953. In the revision application arrears are, claimed from 1st April, 1953 to 5th April, 1956.

3. The suits were instituted by Surajmal on whose death during the pendency of these appeals his legal representative Gyanchand was brought on record. Plaintiffs case was that on 13th June 1947, he purchased the shop from one Ram Pratap Gandhi. At that time the respon
























































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