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1984 Supreme(P&H) 177

J.V.GUPTA
Jubedan Begum – Appellant
Versus
Sekhawat Ali Khan – Respondent


Judgment

1. This appeal is directed against the order of the Additional District Judge. Sangrur, dated 25-10-1982, whereby the plaintiff was allowed to withdraw the suit, after setting aside the judgment and decree of the trial Court, dismissing his suit.

2. The plaintiff-respondent who is a tenant under the defendants filed the suit for declaration and permanent injunction, alleging that he had taken the house in dispute on rent seven years back from the defendants and had been paying rent regularly and the rent up to November, 1979 had been paid by him, but the landlords never issued any receipt in this respect. Since the defendants were threatening to dispossess him forcibly, on the ground of non-payment of rent, he filed the suit for declaration to the effect that he had already paid rent up to 30-11-1979 and thus prayed for a decree for permanent injunction, restraining the defendants from dispossessing him forcibly from the suit property. However, the suit was contested on behalf of the defendants. Ultimately, the trial Court found that the rent at the rate of Rs. 80.00 per mensem up to 31-8-1974 only had been paid by the plaintiff. and thereafter the rent had not been paid, a





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