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1978 Supreme(All) 404

M.N.SHUKLA
Udho – Appellant
Versus
Khimian – Respondent


Advocates:
A.V. Saran, for Appellants; Vinai Chandra Misra, for Respondents.

JUDGMENT :-

The suit giving rise to this second appeal was instituted by the predecessors-in-interest of the plaintiff-respondents in the court of Munsif, Moradabad on 18-10-1966 for possession over two rooms situate in the city of Moradabad on the allegations that the property was purchased by one Uttam, father of the respondents by means of a registered sale-deed dated 29-1-1902 and since then the plaintiffs had been in possession thereof as owners, that some thatched houses were originally built up on the said property and the same had undergone changes and alterations, that Udho, defendant No. 1 had originally taken the said rooms for the purpose of tethering his cattle from Uttam s predecessor as licensee but later on Udho started paying rent to him and thus he became the tenant of the disputed property. It was alleged that Udho also paid rent to the father of the plaintiffs that the present plaintiffs had filed an earlier suit No. 335 of 1964 in the court of the Munsif, Moradabad on the basis of tenancy, which was, however, dismissed on the ground of a legal defect in the notice on 31-8-1965 and also on the finding that the plaintiffs had failed to prove that there existed th




























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