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2006 Supreme(Jhk) 236

N.N.TIWARI
BLSHNU KUMAR CHOUBEY – Appellant
Versus
SHANTI DEVI – Respondent


Advocates Appeared:
ANUJ KUMAR, AVANISH SHANKAR, Baban Lal, Manjul

Judgment :

( 1 ) THESE second appeals are between the same parties having common grounds and in respect of same suit premises, against a common judgment and decree of affirmance dated 30/1/2006 passed by the learned Additional District Judge-VIII, Dhanbad. By the impugned judgment and decree, the lower Appellate Court has upheld all the findings of learned Trial Court including the findings on the right, title, relationship between the parties, default and personal necessity which are all in favour of the landlady-respondent.

( 2 ) THE relevant facts in brief is that the landlady-respondent-Shanti Devi acquired the suit house and adjoining land comprised of two Holdings being Old Holding No. 204 (New Holding No. 127) by virtue of a registered sale-deed dated 16-10-86. The defendant-tenant Chandradeep Choubey (deceased) and his son Vishnu Kr. Choubey, who were occupying the said Holdings on monthly rent of Rs. 80/- and 50/- respectively, were informed about the said transfer. Thereafter the landlady rent from the said tenants, but they did not pay. The landlady thereafter sent notice to the said tenants. On receipt of the notice, the said tenants hastened to institute a suit against










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