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1965 Supreme(All) 396

S. C. MANCHANDA
Suraj Narain Mishra – Appellant
Versus
City Munsif, Farrukhabad – Respondent


Advocates appeared:
P.N. Tewari, Advocate, For the Appellant / V.K.S. Chaudhry and S.C, for the Opposite Parties

JUDGMENT

S.C. Manchanda, J. - This is a writ petition under Article 226 of the Constitution directed against the order passed under Sec. 7-B of the U.P. (Temp.) Control of Rent and Eviction Act (hereinafter referred to as the Act) dated the 3rd November 1960 and 27th November 1962.

2. The material facts are these. The petitioner is the landlord of the accommodation. This was in the tenancy of opposite party No. 2. The petitioner filed an application under Sec. 7-B against opposite party No. 2 on the ground that he was in arrears of rent for full three years i.e. 2-7-1959 to 2-7-1962 totalling Rs. 2,880/- and prayed for his ejectment from the aforesaid premises. A registered notice as required by Sec. 7-B (3) of the Act was sent and the same was served on opposite party No. 2 on the 10th July 1962. On the 14th July 1962, the opposite party No. 2 moved an application pointing out to the court that Rs. 500/- as rent had already been paid; that a further sum of Rs. 500/- was being deposited as balance of rent and further that he proposed to file an objection. "But as it is necessary to file security before filing the objection, I do hereby file a security for Rs. 2,400/-. I, therefore,

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