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2001 Supreme(All) 321

O.P.GARG
PRABHAWATI DEVI – Appellant
Versus
IST ADDL. DISTRICT JUDGE, AZAMGARH – Respondent


Advocates Appeared:
D.R.Azad, R.C.GUPTA, S.U.KHAN

O. P. GARG, J.

( 1 ) THE dispute relates with regard to an accommodation in the form of a Kotha situate in mohalla farash Tola. lahsil Sadar district Azamgarh. It was under the tenancy of late Ram Charan initially at a monthly rent of Rs. 25. Ram Charan died in the month of September. 1981. The tenancy rights were inherited by defendant No. 1-Bacchi Devi, widow and two daughters of the deceased-tenant. A S. C. C. Suit No. 10 of 1992 was instituted by Smt. Khairulnnisan. present respondent No. 3 against Smt. Bacchi Devi widow of the deceased tenant and his two daughters, who were arrayed as defendant Nos. 1. 2 and 3. The ejectment of the legal heirs of the deceased tenant was sought on the ground that they have sub-let the tenanted accommodation in favour of servajeet son of Jag Mohan who was impleaded as defendant No. 4 in the suit. The suit was contested by the defendants resisting the allegations made by the plaintiff-respondent No. 3-Khairulnisan. It was maintained that Servajeet who is now petitioner No. 2, was not the sub-tenant in the tenanted accommodation but was. in fact, joint tenant and in occupation of the disputed accommodation right from the life-time of Ram Charan. T
















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