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1975 Supreme(All) 254

C.S.P.SINGH
Rameshwar Prasad Agarwal – Appellant
Versus
The 1st Addl. Dist. Judge, Allahabad – Respondent


Advocates:
Gyan Prakash, for Petitioner; Standing Counsel, for Opposite Parties.

ORDER.:- The petitioner is owner of premises No. 98, K.P. Kakkar Road, Allahabad. In the ground floor portion of this accommodation, there are two shops. One shop is in the possession of Purshottam Dass respondent No. 3. On the 1st April, 1972, Purshottam Dass moved an application for regularization of his tenancy over the disputed shop, alleging that he had been in possession of it as a tenant for the last thirteen years under the name and style of "Agarwal Paper Stores" and paying a monthly rent of Rs. 150/- per month. The monthly rent, according to respondent No. 3, was initially Rs. 80/- per month which was increased to Rs. 100/-per month, and then to Rs. 120/- per month and thereafter to Rs. 150/- per month. The landlord was now asking him to enhance the rent to Rs. 200/- per month. As no rent receipt was being issued by the landlord, a prayer was made that his possession be regularized by issuing an allotment order in his favour. The Chief Inspector inspected the premises and found the tenant in possession and made a report to the Rent Control and Eviction Officer. The respondent No. 3 in support of his allegation filed an affidavit before the Rent Control and Eviction Office








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