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1980 Supreme(All) 288

A.N.VERMA
TEJ BHAN MADAN – Appellant
Versus
2nd ADDITIONAL DISTRICT JUDGE, ALLAHABAD – Respondent


Advocates Appeared:
K.L.GROVER

A. N. VERMA, J.


( 1 ) THIS petition arises out of a suit filed by respondent No. 3 Kumari Chhaya Gupta for the ejectment of the petitioner from a house No. 7/3 Shambhoo Barracks, Allahabad. The suit was decreed by the trial court, in the Revision filed by the petitioner, the decree of the trial court has been affirmed by the learned District Judge by an order dated 26-8-1976. This writ petition is directed against the aforesaid decree and order.

( 2 ) SHORTLY stated, the plaint case was that one Gopi Nath Agrawal was the landlord of the premises in question and the petitioner was his tenant. By means of a sale deed dated 3-1-1972 the plaintiff purchased the accommodation. On the purchase of the property, both the transferor and transferee served notices on the defendant informing him of the transfer the transferee also demanding arrears of rent. The defendant denied the title of the transferee (the plaintiff) in a written reply sent to her. Thereupon, the plaintiff served a notice dated 23-4-1973 terminating the tenancy of the defendant. The defendant neither paid the arrears of rent, nor vacated the accommodation, and hence the suit.

( 3 ) THE suit was contested by the petitioner






















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