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1973 Supreme(All) 136

N.D.OJHA
Ram Murty Gupta – Appellant
Versus
Suresh Chandra Agrawal – Respondent


Advocates:
V.K. Barman, for Appellant; V.K. Gupta, for Respondent.

JUDGMENT :- This is a defendant's appeal arising out of a suit for ejectment from an accommodation. The suit was filed on various grounds mentioned in Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, including the ground that the defendant had made material alterations in the accommodation. The trial Court found in favour of the plaintiff on the last mentioned ground, viz., that the appellant had made material alterations in the accommodation and, consequently, decreed the suit for ejectment. The Lower Appellate Court agreed with the finding of the Trial Court and dismissed the appeal filed by the appellant. He has now come up in second appeal. The plaintiff-respondent purchased the accommodation by a sale deed dated May 30, 1966. In regard to the constructions, which according to him had the effect of making material alterations in the accommodation, the case of the plaintiff was that these constructions had been made by the appellant in 1967, i.e., after he had purchased the accommodation. It was further mentioned in the plaint that the constructions had been made without his permission.

2. The defence on this point set up by the appellant in brief was t

























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