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1981 Supreme(All) 205

K.C.AGRAWAL
UMA SINGH – Appellant
Versus
VIRENDRA KUMAR A – Respondent


K. C. AGARWAL, J.

This is a tenants second appeal preferred against a judgment and decree of the First Additional Civil Judge, Kanpur, dismissing an appeal and the cross-objection filed by the defendants and the plaintiff respectively against the judgment of the trial Court. The brief facts are these. Claiming himself to be the Karta and Manager of the joint Hindu family, the plaintiff-respondent Virendra Kumar Agarwal filed suit No. 2540 of 1967 for eviction of the defendant-appellants from a portion on the ground floor of house No. 79/10, Latouche Road, Kanpur. The allegations made in the plaint were that the defendant No 1 Smt. Usha Singh was the tenant of the aforesaid accommodation at the rate of Rs 20/- per month, and that she had not paid the rent from 1-4-1967 to 31-7-1967 amounting to Rs. 80/-, despite service of notice of demand and ejectment on 11-8-1967, hence she was liable to eviction. The said notice also stated that defendant 1. Smt. Usha Singh had illegally sublet the accommodation in dispute to Uma Shankar Pathak, defendant 2, therefore, the two defendants were liable to be evicted on the ground of illegal subletting as well. The suit was contested on the ground t
























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