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1965 Supreme(All) 257

D. P. UNIYAL, S. D. KHARE
Nar Singh Das Agarwal – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
A.P. Pandey, Advocate, for the Appellant

JUDGMENT

D.P. Uniyal, J. - These two connected appeals arise out of one and the same judgment and decree of the learned Additional Civil Judge, Varanasi and may be disposed of by common judgment.

2. First Appeal No. 269, of 1955 by the defendant is against the decree of Rs. 10,289/12/- together with interest, on account of arrears of rent due from the defendant for the period between 1-5-1949 and 30.4.1952. First Appeal No, 382 of 1955 by the plaintiff is against the decree allowing abatement of rent to the extent of Rs. 180/- in favour of the defendant and disallowing one-fourth of the costs of the suit.

3. The plaintiff's case was that 22 pukka built shops situate to the south of Manmandir Palace and the Chhetra in the City of Varanasi, bearing Municipal No. 15/1 and 15/1-A belonged to the erstwhile Jaipur State which is now merged in the plaintiff, the State of Rajasthan. On 25-6-1947 the Maharaja of Jaipur executed a registered deed in respect of the aforesaid shops in favour of the defendant for a term of 50 years on an annual rental of Rs. 3,116/-. The demised premises were shown and delineated in a map annexed to the said lease. The northern boundary of the leased premises wa

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