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1971 Supreme(All) 232

A.K.KIRTY
Krishna Singh – Appellant
Versus
Mathura Ahir – Respondent


Advocates:
Ambika Prasad, Mohanji Varma, Lalji Sahai Srivastava, Bhola Nath Srivastava, Mahesh Pd. Srivastava and Inamul Haque, for Appellant; B.N. Srivastava, T.N. Sapru, K.P. Singh and Jagdish Swarup, for Respondent.

JUDGMENT :- Suit No.469 of 1951 was filed by the plaintiff-respondent on 21-8-1951 against respondents 2 to 5 inter alia, for the ejectment of the said defendant-respondents from house No.C-27/ 33 Mohallah Jagatganj, Varanasi. It was pleaded that Avodhesh Narain, defendant No.1 had taken the house on rent at Rs.15/- per month from Swami Atmavivekanand, the deceased Guru of the plaintiff. Defendants 2 to 4 were alleged to have been put in possession of the house illegally by defendant No.1. The suit was contested by the defendants, who denied the tenancy and, inter alia, pleaded that they were in occupation of the house as chelas of Swami Atmavivekanand in their own right by virtue of the licence granted to them by the said Swamiji. The plaintiff's right to sue was denied and it was alleged that he was neither chela of the Swamiji nor his successor. It was alleged that on the death of Swami Atmavivekanand his natural son and disciple. Shri Krishna became the owner of the house. In the circumstances, the plaintiff got his plaint amended and impleaded Shri Krishna as defendant No.5. The suit was also converted into a regular suit for possession.

2. According to the averments in the pla













































































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