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1986 Supreme(All) 274

A.P.MISRA
Bhola Nath – Appellant
Versus
Mohammad Ibrahim – Respondent


Advocates Appeared:
K.N. Tripathi, K.M. Dayal, Dinesh Kakkar, B.N. Mishra, S.M. Chaturvedi, Suresh Prasad, V.N. Singh, R.R. Agarwal, R.H. Zaidi

Judgment

A.P. Misra, J.

1. THE appellant in the present Second Appeal has moved two applications : one under Order 6 Rule 17 CPC for the amendment of the written statement and the other under Order 41 Rule 27 for admitting two documents as additional evidence in this case. By means of this order these two applications are being disposed of.

2. THE present Second Appeal arises out of a suit for ejectment, recovery of arrears of rent and damages for use and occupation filed by respondents on the allegations that they are owners of the shop in suit of which the appellant is tenant at the rate of Rs. 22.50 paise per month. THE defendant has not paid the rent since 1st January, 1965. THE suit was filed mainly on two grounds namely (1) on the ground of default in payment of rent and (2) on material alterations. THE appellant contested the suit on the grounds that the tenancy is annually and not monthly and that the rent is Rs. 270/- per annum. In fact, for some time the plaintiffs used to take clothes etc. and on account of that, adjustment in the rent was done. In August, 1967 defendant fell ill seriously and has been taken out for treatment to Allahabad and he remained out of station til
































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