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D. S. BAJPAI
Basant Narain alias Tej Narain – Appellant
Versus
Hira Lal – Respondent
JUDGMENT
D. S. Bajpai, J. - This defendants second appeal under section 100 of the Code of Civil Procedure challenges the judgment and decree dated 6779 passed by the Civil Judge, Sitapur, dismissing Civil Appeal No. 56 of 1977 affirming the judgment and decree dated 161276 passed in plaintiff's suit no. 148 of 1971 with some modifications.
2. Facts giving rise to this second appeal, as are material for the decision of this second appeal, are that the plaintiff filed original suit no. 148 of 1971 against the defendants for a declaration that the room marked as '? ? ? ?' in the siteplan annexed as part of the plaint was held by defendants 1 and 2 as the plaintiff's tenants on a monthly rent of Rs. 6.75P. and for a decree of Rs. 243/ for recovery of arrears of rent against the said defendants. It was further claimed that the gallery in the siteplan was the plaintiff's passage and that an injunction be issued restraining the defendants 3 to 11 from using this gallery. Subsequently,, in place of defendant no. 3 defendants 3/1 to 3/7 have been impleaded in place of the deceased defendant no. 3 and defendants 4/1 and 4/2 in place of defendant no. 4. The trial court decreed the suit in ter
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