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1963 Supreme(All) 56

S.S.DHAVAN
SHAMBHOO DAYAL – Appellant
Versus
CHANDRA KALI DEVI – Respondent


Advocates Appeared:
Mahesh Narain Shukla, Satyendra Nath Verma

S. S. DHAVAN, J.

( 1 ) THIS is a tenants second appeal from the concurrent decisions of the Courts below decreeing a suit filed jointly by three landlords, for his ejectment and recovery of rent from him. The facts which are somewhat peculiar are these. The defendant-appellant Shambhoo Dayal was originally the tenant of the house in dispute of which the landlords were three brothers whose-names are immaterial. The rent was Rs. 30/- per month. They divided the house into three separate portions and sold one portion each to the three ladies who are the plaintiffs in the present suit-Smt. Chandra Kali Devi. , Smt. Sona and Smt. Raj Rani. The transfer of each portion was made by a separate-sale deed. Prior to the sale the husband of the plaintiff Chandra Kali Devi was a sub-tenant of the defendant in a portion of the house and the plaintiff Smt. Sona was herself a sub-tenant in another portion of the house. After acquiring the ownership of the house, the three plaintiffs made a joint, application under Section 3 of the U. P. Control of Rent and Eviction Act for permission to file a suit for the ejectment of the defendant which was granted by a common order. Thereupon they terminated hi












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