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1996 Supreme(Raj) 490

B.R.ARORA, J.C.VERMA
Bal Kishan – Appellant
Versus
Vasu Deo – Respondent


Advocates Appeared:
N.K. Rastogi, for Petitioner R.S. Chundawat, for Respondent

Honble VERMA, J. – Doubting the view taken in the Judgment of Honble Lodha, J. in Kewal Ram vs. Mangu Mal, Honble the Chief Justice vide a reference order dated 18.8.1994 (wrongly written as 18.7.1994) has referred the matter to be decided by a Larger Bench for determining legal propositions, emerging from the facts in the present revision petition and for application of law in the given situation of the case in hand.

(2). To enumerate the facts, it shall be necessary to give certain facts for the present case. The petitioner Bal Kishan is the tenant of the premises in question. The non-petitioner is sub- tenant, which sub-tenancy had been created by the tenant. Admittedly the Landlord of the premises in question is in one ``Sarvnjik Sampati Trust. The dispute in the present revision petition is regard to sub-lease between the tenant and sub-tenant only. The sub-tenant is said to have committed default of payment of rent to the tenant for a period from 1.1.1981 to 31.12.1982. The monthly rent is said to be Rs. 150/- p.m. In addition to recovery of rent, the plaintiff-tenant had also sought the eviction from the premises in question of the respondents/non-petitioner. The respondent/n


































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