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1974 Supreme(All) 65

K.C.AGRAWAL
Ashok Kumar – Appellant
Versus
Kanhiaya Lal – Respondent


Advocates:
Swarup Bhatnagar, for Appellants; R.P. Agarwal, for Respondents.

Judgement

JUDGMENT :- This is a judgement-debtor's execution second appeal against the judgement and decree of the First Additional Civil Judge, Meerut, rejecting the objections under Section 47, C.P.C. filed by the judgement-debtor-appellants. The plaintiff decree-holder (hereinafter referred to as the decree-holder) filed suit No. 106 of 1970 for ejectment, recovery of arrears of rent and damages against the judgement-debtor-appellants (hereinafter referred to as judgement-debtors) on the ground that Ashok Kumar, judgement-debtor No. 1 was the tenant of the premises of a shop on the monthly rent of Rs. 73. He illegally sublet the said shop to the judgement-debtor-appellant No. 1. It was alleged that since the said subletting was illegal, therefore, these two judgement-debtors were liable to eviction. The suit was contested by the judgement-debtors, by means of a joint written statement it was alleged that initially the shop had been let out to Ashok Kumar and Kailash Chand, Kailash Chand left the partnership business, which was carried on in the premises and thereafter judgement-debtor Mahipal started doing it in partnership with Ashok Kumar, the other judgement-debtor. According









































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