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1969 Supreme(All) 28

G.S.LAL
Vishnawati – Appellant
Versus
Bhagwat Vithu Chowdhry – Respondent


Advocates:
Umesh Chandra, for Appellant; Ali Zaheer, J.B. Srivastava and S.P. Singh, for Respondent.

JUDGMENT :- This second Civil Appeal arises out of a suit for ejectment from a house and recovery of arrears of rent. The suit was decreed by the trial Court and an appeal from the judgment and decree of the trial Court was dismissed.

2. The suit was instituted by Bhagwat Vithu Chowdhry (respondent in this appeal) against Smt. Vishnawati (appellant in this appeal) claiming that he had terminated the tenancy by notice to quit and had obtained the permission of the District Magistrate under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 to get over the bar to the institution of the suit created under that section. Admittedly the appellant's husband Gaya Prasad Shukla was originally the tenant of the house on a monthly rent of Rs. 35 from its former owner Lala Mangli Prasad. The house was sold by Lala Mangli Prasad to one Smt Vidyawati. The latter in turn sold it to the respondent. After the purchase of the house, which professedly was for the purpose of his own residence, the respondent obtained the District Magistrate's permission dated 8-8-1966 to sue the tenant for eviction. He had already given a notice dated 24-3-1966 to the appellant terminating the te





























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