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1976 Supreme(All) 46

T.S.MISRA
P. L. Kureel Talib Mankab – Appellant
Versus
Beni Prasad – Respondent


Advocates:
J.B. Srivastava, for Appellant; Sudhir Shanker, for Respondents.

JUDGMENT:- The respondents who are the landlords of the premises in question filed an application under Section 7 (B) of U. P. (Temporary) Control of Rent and Eviction Act, III of 1947, hereinafter called the "Act" on 9-8-1968 against the appellant who is a tenant of flat No. 91 in the said premises alleging that the appellant is a tenant at the rate of Rs. 125 per month and that a sum of Rs. 1500 being rent for the period 1-8-1967 to 31-7-1968 and Rs. 331.25 being the property tax for the period from October 1, 1965 to March 31, 1968 were outstanding against him. On a notice being issued to the appellant he filed an objection contending inter alia, that he is a tenant at a monthly rental of Rs. 75 and not Rs. 125 and that he was being illegally charged a sum of Rs. 50/- per month besides rent of Rs. 75/-. The respondents then paid the requisite court-fee and got their application converted into a suit. The appellant then filed his written statement reiterating his aforesaid averment and giving details of the charges amounting to Rs. 50/- which he alleged were being charged from him in an illegal manner. Further, he alleged that the property tax claimed by the landlords was illegal





















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