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1972 Supreme(All) 83

K.N.SRIVASTAVA
Mewa Lal – Appellant
Versus
Tara Rani – Respondent


Advocates:
Sidheshwari Prasad, C.M. Srivastava and S.P. Sinha, for Appellants; Beni Prasad Agarwal, for Respondent.

JUDGMENT :- The facts giving rise to this appeal are as follows :-

The defendants are tenants of the disputed property on a monthly rent of Rupees 18/-. The property originally belonged to one Kanhaiyalal who died in the year 1933. Raj Kumar Agrawal is said to be the son of Kanhaiyalal. Smt. Nanhi Bibi is the widow of Kanhaiyalal. According to the plaintiff, Raj Kumar Agrawal was born seven months after the death of Kanhaiyalal and was the natural son of Kanhaiyalal. The property in dispute was sold by Smt. Nanhi Bibi to Smt. Tara Rani, plaintiff-respondent on 7-3-1967. It was then realised that the property belonged to Raj Kumar Agrawal who was the natural son of Kanhaiyalal. Raj Kumar Agrawal then executed another sale-deed on 24-4-1967 in favour of Smt. Tara Rani. Smt. Tara Rani then served a notice on the defendants alleging that they were in arrears of rent and that their tenancy was terminated in accordance to Section 106 of the Transfer of Property Act. After this notice, the suit for ejectment and arrears of rent was filed.

2. The suit was contested by the defendant-appellants on various grounds. The first ground was that no title and interest passed to the plaintiff in the









































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