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1976 Supreme(All) 265

M.P.MEHROTRA
RAJA RAM – Appellant
Versus
NAGAR MAHAPALIKA KANPUR AND – Respondent


M. P. MEHROTRA, J.

This second appeal arises out of a suit which the plaintiff-appellant filed seeking a permanent injunction to restrain defendant No. 1 Nagar Maliapalika from taking forcible possession of quarter No. 2, block No. 61 of S. D. Colony, Shastri Nagar, Kanpur. The suit was brought with allegations that the aforesaid quarter was rented out at Rs. 10/- per month sometime in 1961 by defendant No. 1 Nagar Maliapalika to defendant No. 2 Taliir Alimad. Ever since the very beginning the defendant No. 2 was keeping the plaintiff as his sub-tenant on a monthly rent of Rs. 10/- with the knowledge of defendant No 1 and with its implied consent. In January 1964, the plaintiff and other sub-tenants received notices from Nagar Maliapalika, Kanpur regarding their occupation of the quarters. The committee of the Nagar Maliapalika wanted to create direct tenancy with the sub-tenants. It was alleged that defendant No. 1 was trying to evict the plaintiff forcibly and illegally and hence the suit. The defendant No. 1 in its written statement contended that the quarter was allotted to defendant No. 2 on Rs. 13. 50 per months rent and as certain amenities were not provided in the beginning,

































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