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1980 Supreme(All) 896

S. D. AGARWAL
Madhubala – Appellant
Versus
Budhiya – Respondent


Advocates appeared:
K.N. Upadhya, for the Appellant; H.S. Joshi, for the Respondent

JUDGMENT

S.D. Agarwal, J. - This is plaintiffs second appeal arising out of a suit filed by the plaintiff-appellants for ejectment of the respondent from the Khaprail in suit and for recovery of arrears of rent and damages for use and occupation amounting to Rs. 126/- and costs of the suit. The case of the appellants was that Jaedish Saran father of the plaintiff-appellants was the owner of the property in dispute, and after his death in July, 1967, they became the owners of the said property, It was alleged that the property in dispute was let out by Jagdish Saran to Kundan and that after the death of Kundan who died in February, 1969, the defendants-respondents Smt. Budhiya and Hari Ram, the widow and son of the deceased Kundan, continued to occupy the Khaprail in suit. It was further alleged that there was default on the part of the respondents in the payment of rent and as such the suit was filed for ejectment. The suit was contested by the respondents on the ground that they did not commit default in payment of rent, ft was further alleged that the suit was bad for non-joinder of necessary parties on the ground that Kundan had other sons and daughters besides the respondent No.

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