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1968 Supreme(All) 186

S. N. SINGH.
Raj Narain – Appellant
Versus
Shiv Raj Saran – Respondent


Advocates appeared:
V.P. Misra and R.L. Misra, Advocates, For the Appellant / Gyan Prakash, Advocate, For the Respondents

JUDGMENT

S.N. Singh, J. - These four appeals arise out of two suits instituted by Raj Narain and Kailash Narain plaintiffs of the two suits against Shiva Raj Saran and Prithivi Raj Saran defendants for their ejectment and arrears of rent. The allegations made in the two suits are almost indentical.

2. The case of two plaintiffs in their respective plaints was that Sahu Maharaj Narain their father owned a piece of land 100 ft. x 100 ft. by the side of Station Road, Moradabad. It was alleged that out of the aforsaid land land 78 ft. east-west x 100 ft. north south were let out to the defendants on 75th July 1947 at the monthly rent of Rs. 100/- for a period of eleven months for the purpose of running a Tall. This land according to the plaintiffs was on the western side of 100 ft. x 100 ft. land belonging to Sahu Maharaj Narain. It was alleged that remaining portion of the aforsaid land measuring 22 ft. east-west and 100 ft. north-south along with the construction thereon was given to the defendants by Sahu Maharaj Narain on license and it was agreed between the licensor and the linsenees that the licensees would vacate the land along with the construction whenever Sahu Maharaj Narain

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