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1970 Supreme(All) 163

G. D. SAHGAL
V. N. Puri – Appellant
Versus
Bishan Lal Agarwal – Respondent


Advocates appeared:
Mr. J.B. Srivastava and Mahesh Chandra, Advocates, For the Appellant / Mr. S.C. Mathur, Advocate, For the Respondent

JUDGMENT

G. D. Sahgal, J. - This is a defendant's second appeal against whom a suit for ejectment has been decreed by both the courts below and also for rent and damages, the claim of rent and damages being decreed only against defendant-appellant No. 1.

2. The allegations in the plaint were that the plaintiff-respondent had purchased the house in question from one Smt. Lallo Bibi who was the original landlord. She had tenanted a portion of the house to defendant-appellant No. 1 who became the tenant of the respondent after the sale of the house in his favour by the original landlord. Defendant-appellant No. 1 has been allotted accommodation in the compound of the Colvin Taluqdars' College where he is employed and defendant-appellants 2 and 3 were said to have been allowed to occupy these premises as sub-tenants. The tenancy was accordingly terminated on account of the premises having been sub-let and the premises having not been vacated, the suit was filed giving rise to this appeal for the ejectment of the defendants and for arrears of rent and damages. As pointed out above, the suit was decreed by both the courts below for ejectment and as to arrears of rent and damages it was de

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