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1969 Supreme(P&H) 55

RANJIT SINGH SARKARIA
Kahana Chand, Etc. – Appellant
Versus
Municipal Committee, Amritsar – Respondent


Judgment

Ranjit Singh Sarkaria, J.

1. This regular second appeal by the defendants is directed against the Judgment and decree, dated 22.2.1962, of the Senior Subordinate Judge, exercising enhanced appellate powers, Amritsar. It arises out of the following circumstances :

2. Some land adjoining the fasil situated between Hall Gate and Sikander gate, Amritsar, was leased out by the Municipal Committee (plaintiff) in 1887 for a period of 20 years on a monthly rent of Rs. 5/- by means of a lease-deed to the defendants. The lease was subsequently renewed from time to time. The last renewal of the lease was made per Exhibit P. 27, dated 8.6.1946, for a period of 11 months and 28 days. Under its terms, Rs. 5/- as rent was payable monthly. The lessees, on the expiry of the aforesaid lease, failed to surrender possession to the landlord after removing the structure and buildings at their own expense. They also sublet, in contravention of the terms of the agreement of lease, a portion of the premises. Notices for ejectment were served on the defendant several times, the last of which was served on 26.2.1960, but the defendants refused to comply with the same. They also defaulted to pay rent











































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