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1973 Supreme(All) 160

R.B.MISRA
Daya Ram – Appellant
Versus
Gurcharan Das – Respondent


Advocates:
V.K.S. Chaudhary, for Appellant; K.C. Agarwal, G.P. Bhargava and A.N. Bhargava, for Respondent.

Judgement

JUDGMENT :- The present appeal by the plaintiff arises out of a suit for ejectment from the ahata in suit after demolition of the constructions made by the defendant. The disputed ahata is owned by the plaintiff-appellant. By a registered deed of agreement dated 11th January, 1952, the plaintiff let out the said ahata on an annual rent of Rs. 150/- to the defendant for a period of three years, commencing from 12th November, 1951 to 11th November, 1954. It was let out to the defendant for establishing a cotton machine and a flour mill. It was stipulated between the parties that on the expiry of the term of the lease, the defendant would hand over possession to the plaintiff and no notice to quit would be necessary. It was further stipulated that the defendant might make any new construction or place chappar or make any additions or alterations according to his needs and requirements, but, after the expiry of the term of the lease, the defendant would restore the premises to its original condition and would hand over the same to the plaintiff after removing his materials. But on the expiry of the term of the lease, the defendant did not vacate the premises as stipulated. The































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