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1962 Supreme(All) 118

B.DAYAL, S.N.KATJU
RAM PRAKASH GHAI – Appellant
Versus
KARAM CHAND – Respondent


Advocates Appeared:
H.P.GUPTA, S.N.MISRA

B. DAYAL, J.


( 1 ) THIS is a defendant tenants Second Appeal. The plaintiff purchased a house on the 31st of october, 1952 from one Sh. Abdul Karim. At that time the defendants were occupying the house. The plaintiff served a notice in which he stated that the defendants were not tenants and claimed compensation for use and occupation and asked them to vacate the house and in the alternative terminated the tenancy. The defendants sent rent by money-order at Rs. 6/4/- per month from the 1st of November, 1952 till the date of notice. But they did not send rent which was due before the 1st of November, 1952. The plaintiff filed a suit for the ejectment of the defendants and contended that the defendants were occupying the house without any fight and claimed compensation. at Rs. 15/- per month. Defendant No. 1 claimed to be a tenant and alleged that the rent agreed with the previous owner was at Rs. 6/4/- per month which he had sent by money order to the plaintiff for the period since he became owner thereof, that he was not liable to ejectment and and that defendant No. 2 was his sister and was living with him. Defendant No. 2 supported defendant No. 1. The trial court framed several
















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