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1998 Supreme(J&K) 378

R.C.GANDHI, G.D.SHARMA
Union Of India – Appellant
Versus
Hari Tara Charitable Trust, Jammu – Respondent


Advocates Appeared:
Advocate For Appellant: D.P. Gupta
Advocate For Respondent: D.D. Thakur
Advocate For Respondent: K.S. Johal

Per Sharma, J

1. This appeal (LPA) is directed against the judgment and decree dated December 27.1995 passed in civil 1st Appeal (CIA No. 521 94) by the learned Single Judge whereby the judgment and decree dated 6-7-1994 passed by the learned District Judge, Jammu (in civil Suit No. 80/94) was confirmed. The factual matrix of the case briefly stated is that respondent No. 1 herein namely, Hari Tara Charitable Trust, through its Trustees (respondents Dr. Karan Singh and Smt Tashu Raja Lakshmi) filed the suit of ejectment against the appellants in respect of houses alongwith lawns, vacant lands and roads appurtenant there to bearing Nos. 3-A, 3-B, 4-A and 4-B. These quarters are known as Manda quarters. The lease of quarter No. 3-A had commenced from 10-8-1965, of quarter No. 3-B from 17-8-1965, of Quarter No. 4-A from 1-7-1965 and Quarter No. 4-B from 16-11-1967. The monthly rent of each quarter was Rs. 325/-.

2. Respondent Trust had terminated the tenancy by giving notice under section 80 of the Code of Civil Procedure. The tenancy of quarter No. 3-A terminated on 9-9-1984; of 3-B on 16-9-1984, of 4-A on 30-9-1984 and of 4-B on 15-9-1984 respectively. It was stated in the notice that


























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