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2006 Supreme(All) 1245

S.U.KHAN
Gayatri Devi Chandra Prakash alias Chamru Ram – Appellant
Versus
Shyam Sunder, Shri Pharenda Ram – Respondent


Advocates:
G.P.Tripathi, J.K.Tiwari, MANISH DEVI, Shashi Nandan, SIDDARTH SHUKLA, Tarun Varma, TEJ PRATAP SINGH,

S. U. KHAN, J.

( 1 ) HEARD learned Counsel for the parties.

( 2 ) THIS is tenants writ petition arising out of suit for eviction and recovery of arrears of rent filed by landlord-respondent No. 2 Shri Shyam Sunder, against original tenant Chandra Prakash alias chamru Ram, who died during the pendency of the suit and was survived by the original petitioners, who were four in numbers. Petitioner No. 1 has also died during pendency of this petition leaving behind only the other three petitioners as her heir and legal representatives and her name has been deleted from the array of the parties. The suit was registered as S. C. C, Suit no. 24 of 1981. Landlord-respondent No. 2 claimed that the tenanted property in dispute belonged to Murli Dasi daughter of Jhinku lal and Shrimati Murli Dasi had transferred the property in dispute to him through registered sale deed dated 18 09. 1979. It was also pleaded that respondent No. 2 gave notice about the transfer to the original tenant on 24. 10. 79 and Shrimati murli Dasi also gave notice intimating the transfer to the original tenant on 15. 10,1979 and 0. 12. 1979. It was further pleaded that in spite of said notices no rent was paid to landlor














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