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2010 Supreme(All) 3035

RAKESH TIWARI
TAMANNA BANO @ SADHANA DEVI – Appellant
Versus
IMRAN AHMAD – Respondent


Advocates:
Counsel :
G.K. Gupta for the Petitioner; A.K. Srivastava for the Respondents.

JUDGMENT

Hon’ble Rakesh Tiwari, J.—Heard counsel for the petitioner, Sri A.K. Srivastava appearing for caveator respondents and perused the record.

2. The petitioner claims herself to be tenant in house No. C20/2-X-4, Mohalla Habibpura, Nai Pokhari, Varanasi City. Case set up by the petitioner in the Court below is that she was a tenant of Smt. Rewati Devi wife of Sri Vishnu Gopal Srivastava at the rate of Rs. 140/- per month till her death. Thereafter the rent was paid to her heirs and legal representatives namely Suresh Srivastava, Dinesh Srivastava and Ramesh Srivastava, sons of Vishnu Gopal Srivastava.

3. It is stated that Smt. Rani Srivastava wife of Suresh Kumar Srivastava purchased a room measuring 8' x 8' = 64 Sq. feet in the premises in question through a registered sale-deed dated 28.11.2002 and constructed a latrine and bathroom in an area of 3' x 4' feet. It is stated that subsequently plaintiff-respondent Imran Ahmad purchased the aforesaid 260 sq. feet of land including the constructed portion thorough registered sale-deed dated 24.11.2003 from its owner Smt. Rani Srivastava.

4. The first contention of the counsel for petitioner is that from perusal of sale-deed dated































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