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1956 Supreme(All) 90

MOOTHAM, H. S. CHATURVEDI
M. C. Batra – Appellant
Versus
Lakshmi Insurance Co. Ltd. – Respondent


Advocates:
B.K. Dhaon and M.L. Trivedi, for Applicant; Bijai Shankar, for Opposite Party.

Judgement

MOOTHAM, C.J. :- This is an application under S. 115, Civil P.C. for the revision of a judgment of the learned Civil Judge of Lucknow dated 5-1-1955. The circumstances in which the application is made, as found by the learned Judge, are these :

Some years prior to the year 1950 the applicant became the tenant of the first floor of premises No. 30, Hazratganj, Lucknow for which he paid a monthly rent of Rs. 137/8/-. In August 1950 the applicant, with the permission of the Rent Control and Eviction Officer, sub-let a portion of this floor to the Reliable Water Supply Services of India Limited (herein called the Supply Company) at a rental of Rs. 75/- a month.

In January 1932 the Lakshmi Insurance Company Limited (herein called the Insurance Company) purchased the entire premises No. 30, Hazratganj, from the then owners. Up to that date the rent of the first floor amounting to Rs. 137/8/- had been paid by the applicant to the then owners of the premises, but from February 1952 the applicant paid to the Insurance Company Rs. 62/8/- a month and the Supply Company paid as rent the sum of Rs. 75/- a month.

2. On 13-10-1953, the Supply Company vacated the portion of the first floor o


















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