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2001 Supreme(Jhk) 712

GURUSHARAN SHARMA
Saroj Devi – Appellant
Versus
Tarak Pad Rai – Respondent


JUDGMENT

Gurusharan Sharma, J.

1. Holding No. 488 situated in Ward No. 1 of Giridin Municipality belonged to one Pratul Chandra Banerjee, who died leaving behind his widow and eight sons. His widow died in the year 1954. Plaintiff purchased the said house property by registered sale deed dated 14.10.1980 from aforesaid heirs and legal representatives of late Pratul Chandra Banerjee.

2. One Bhairav Chandra Roy was inducted as tenant in aprt of the said holding on monthly rental of Rs. 30/-. He died leaving behind his widow, Renuka Roy and a son, Gurupada Roy, who were living in the premises at the relevatn time. When the plaintiff purchased the holding. Hence on 15.1.1981 plaintiffs vendors gave lawyers notice to them informing about the aforesaid transfer and intimated to attorn the plaintiff as landlady and pay all arrears of rent and future rent to her. However, the tenants did not pay any rent to the plaintiff. On 12.2.1981 plaintiff also sent lawyers notice to the tenants to vacate the premises.

3. Plaintiff filed Title Suit No. 83 of 1981 for defendants eviction from the suit premises, described in Schedule at the foot of plaint under the provisions of Bihar Buildings. (Lease. Ren











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