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2015 Supreme(All) 2470

MAHENDRA DAYAL
Sunita Gupta Heir Of Smt. Chandrawati – Appellant
Versus
Satyawati Devi Heir Of Babu Ram Gupta – Respondent


Advocates Appeared:
For the Appellants :- Ajai Kumar Rai,Anurag Srivastava,J.N. Mathur,Mohd. Aslam Khan,Mohiuddin Khan,P.N. Mathur,Sanjay K. Verma
For the Respondents:- R.K. Srivastava,Sanjay K Verma,U.K. Srivastava

JUDGMENT

Mahendra Dayal,J.

The defendants-appellants have preferred this second appeal against the judgment and decree dated 17.03.1972 passed by the learned Munsif, Barabanki in Regular Suit No.276 of 1969 and the judgment and order dated 30.09.1981 passed by the First Additional District and Session Judge, Barabanki in Regular Civil Appeal No.39 of 1979.

2. The brief facts giving rise to this second appeal are that the plaintiffs-respondents filed a suit for recovery of Rs.300/- as arrears of rent and ejectment of the defendants-appellants from the shop in dispute, which was allotted to Shri Kesav Ram Gupta vide allotment order dated 29.03.1963. The monthly rent was Rs.24/- per month. The case of the plaintiffs-respondents was that Kesav Ram Gupta had sublet the shop illegally and without the consent of the plaintiffs-respondents, to Amar Nath and Gopti Nath defendants nos. 3 and 4 of the original suit. It was further alleged that Amar Nath had an influence in the office of the Rent Control and Eviction Officer and had obtained an allotment order in favour of his wife Smt. Kastauri Devi. The plaintiffs-respondents alleged that they had no knowledge of the said allotment order passed

















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