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1999 Supreme(All) 1115

A.K.YOG
Barindra Kumar Barua – Appellant
Versus
Addl Distt Judge Allahabad – Respondent


Advocates Appeared:
Rakesh Harsh Srivastava,

JUDGMENT : -

A.K. Yog, J.

Learned counsel for the parties state that all the parties are served. No interim application is pending. Case is ripe and ready for hearing. None of the parties has objection to the hearing of the case.

2. MAN Mohan Tandon and Deepak Tandon (Respondent Nos. 3 and 4) are the owners and landlords of premises bearing Municipal No. 1 (New No. 15), Hastings Road, Nyaya Marg (now renamed Justice C. S. P Singh Marg, Allahabad,-wherein one Nitai Lal Barua was tenant at a monthly rent of Rs. 35 per month, besides tax.

It is not necessary to dilate upon the facts of this petition, as this petition can be decided on a short ground. There has been several innings between the par ties. It has come on record that the landlords filed J. S. C. C. Suit No. 419 of 1975 before Judge, Small Causes Court, Allahabad. True copy of the plaint has been annexed as Annexure 4 to the petition. Nitai Lal Barua, admittedly, died after filing of the suit, but before filing of the written statement his legal representatives were brought on record.

3. PARTIES led evidence. Main thrust of the defendant-tenant was that registered notice under Section 106, Transfer of Properly Act (for short





















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