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1978 Supreme(All) 697

V.K.MEHROTRA
LAKSHMI NANDAN – Appellant
Versus
TRILOKI NATH AND OTHER – Respondent


V. K. MEHROTRA, J.

This appeal is by the defendant who is a tenant in a residential house in Haldaur Pargana Daranagar district Bijnor. A suit, inter alia, for the ejectment of the appellant was filed by the plaintiff-respon dents on the grounds that the appellant was in arrears of rent due; that he had damaged the premises in his tenancy and that he had sub-let the same to one Padam Singh who was impleaded as defendant no. 2 in the suit. The appellant denied that he was in arrears of payment of rent or that he had damaged the premises under his tenancy or further that he had sub-let it to Padam Singh. Parties led their evidence on a consideration whereof the trial court concluded in favour of the defendant on the issues except on that relating to the premises having been sub-let by the appellant to Padam Singh. The trial court apprais ed the evidence of the parties and came to the conclusion that Padam Singh was in exclusive possession of the premises. Consequently, it decreed the suit for the ejectment of the appellant on the ground of having sub-let the premises in his tenancy to Padam Singh.

Aggrieved, the appellant filed an appeal. In that appeal, the various findings of the t







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