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1982 Supreme(P&H) 166

G.C.MITTAL
Balkrishan – Appellant
Versus
Amar Nath Shukal – Respondent


Judgment

G.C.Mital, J.

1. Amar Nath owns 5 Marlas double-storeyed House No. 1324 in Sector 22-B, Chandigarh. Since it was constructed, it has been in occupation of various tenants and was being managed by Bhagwant Kishore on behalf of Amar Nath. Amar Nath has been abroad for the last 43/50 years as he has been doing business in Africa and thereafter shifted to London where he stopped his business in 1959 due to weak eye-sight. He held British citizenship and all his children are also settled in United Kingdom. While he was still staying in London, he filed three ejectment petition against three of his tenants who are occupying different portions of the house, through Bhagwant Kishore, his attorney, on the grounds of tenants being in arrears of rent and for personal necessity. In the ejectment case against Balkrishan tenant, it was pleaded by the landlord that the agreed rent was Rs. 120/-. In the ejectment petition filed against Mohinder Singh, tenant, it was pleaded by the landlord that the landlord that the agreed rent was Rs. 100/- per month, whereas, in the third case, it was stated to be Rs. 65/- per month. In the first two cases, the tenants pleaded the rate of rent to be Rs.









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