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1974 Supreme(All) 147

N. D. OJHA, D. S. MATHUR
Hari Nandan Agrawal – Appellant
Versus
S. N. Pandita – Respondent


Advocates:
V.K. Gupta, Shanti Bhushan, for Appellant:S.N. Varma, Standing Counsel, for Respondent.

Judgement

MATHUR, C.J. :- This order shall govern Special Appeals Nos. 688 of 1972 and 69 and 77 of 1973 and also the Writ Petition No. 3243 of 1972, F. A. F. O. No. 251 of 1972 and Civil Revision No. 875 of 1972 arising out of the same case.

2. The material facts of the case are that 'Jarao Building' situate at Morris Road in the city of Aligarh was in the tenancy of the successive Agents of the State Bank of Aligarh for a long period and the last Agent who occupied the accommodation was S. D. Nayar. The building was purchased by Hari Nandan Agarwal and Smt. Madhu Agarwal (hereinafter to be referred as the applicants) in the month of December, 1971. S. D. Nayar was under orders of transfer and his successor M. L. Sharma arrived in Aligarh to take over charge. The handing over of the charge by the Agent takes many weeks S. D. Nayar permitted M. L. Sharma to occupy two of the rooms of this building. Another room was in the occupation of the son of the previous Agent and a Kothari in the occupation of the driver, Bargad Masih. M. L. Sharma arrived in Aligarh in the middle of January 1972 and the handing over of the charge was complete on the 19th of February, 1972. On that date, S. D.






























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