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1977 Supreme(All) 238

M.P.MEHROTRA
Kunti Devi – Appellant
Versus
Radhey Shyam – Respondent


Advocates:
M.L. Ganguly, for Appellants; Sachitanand Sahai, Janardan Sahai and Rajeshwri Prasad, for Opposite Party.

JUDGMENT :- This second appeal arises out of a suit for permanent injunction which the plaintiff sought against the defendants seeking to restrain the latter from dispossessing the former from a portion in house no. S. 15/15-16 situated in Mohalla Ghausabad in Varanasi. The plaintiff, in brief, claimed to be a tenant of the said portion and the defendant No. 4, Smt. Kunti Devi, was alleged to be the landlady. The defendants, Nos. 1 and 2, namely, Raj Kumarsingh and Harish Chandra, are the sons of the defendant No. 4 and the defendant No. 3. Maniram, is the husband of defendant No. 4. The portion in dispute was claimed to be in the tenancy of the plaintiff at the rate of Rs. 10/- per month and he also claimed that he had been doing his Motor Car repair work in the said accommodation. The plaintiff s case was that even though he was a tenant at the said rate, the defendants never gave him a rent receipt even though as tenant he had been regularly paying the rent. It was alleged that the defendants were interested in enhancing the rent and as the plaintiff was not agreeable, therefore, the defendants were in a mood to evict the plaintiff from the accommodation in dispute even by force
































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