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1977 Supreme(All) 394

K.C.AGRAWAL
BUNDOO – Appellant
Versus
AKB – Respondent


K. C. AGRAWAL, J.

This revision is directed against the judgment of V Additional District Judge, Saharanpur dated 9th January, 1976 dismissing the revision of the petitioners filed under section 25 of the Provincial Small Causes Court Act. The facts briefly stated are these:-

The property in suit belonged to one Ganga Prasad. It was in the tenancy of Ilahi Bux alias Kwala on a monthly rent of Rs. 20/ -. Ganga Prasad sold the same to Akbar Ali, the plaintiff opposite party by a sale deed on 22. 6. 1971. It, however, appears that Ilahi Bux died in the meantime. After the death of Ilahi Bux, Akbar Ali purchased the arrears of rent which were due to Ganga Prasad from the latter under a sale deed executed on 18. 7. 1972. Akbar Ali thereafter sent a combined notice of termination of tenancy as well as that of demand to the sons and the wife of deceased Ilahi Bux. The notice was addressed to all the defendants the three sons and the widow of deceased Ilahi Bux and was served on Masita and Smt. Ramman on 26. 7. 1972. According to the case of the plaintiff as the defendants did not send the rent to the plaintiff within thirty days of the receipt of the notice, therefore, the defendants were




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