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1978 Supreme(All) 508

V.K.MEHROTRA
Budh Sen – Appellant
Versus
Rahiman – Respondent


Advocates:
Krishna Murari Sinha, for Appellant.

JUDGMENT :- This is a plaintiff s appeal who is the landlord of the premises in dispute.

2. The appellant brought the suit against the defendant for her ejectment on the ground of default in payment of rent as also for recovery of the amount due as arrears of rent. He had further claimed damages for use and occupation of the premises in question for the period of the pendency of the suit as also future interest.

3. The trial court decreed the suit on the finding that the defendant had committed default in payment of rent and was consequently liable for ejectment. It negatived the objection of the defendant that the notice (Ext. 1) under S. 106 of the Transfer of Property Act was invalid.

4. The defendant-respondent appealed. The lower appellate court affirmed the findings of the trial court on the question of there being a default by the tenant and maintained the decree as regards the recovery of arrears of rent for the period in question and of the amount of interest thereon. It, however, dismissed the suit in so far as it related to the relief for ejectment of the tenant. It also set aside the trial court decree as regards pendente lite and future damages. In reversing the decree fo








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