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1982 Supreme(All) 885

DEOKI NANDAN
Sushila Gour – Appellant
Versus
Swaroj Rani Sabarwal – Respondent


JUDGMENT

Deoki Nandan, J. - This is a plaintiffs second Appeal in a suit for ejectment and recovery of arrears of rent amounting to Rs. 92/-, Bhumi Bhawan Kar amounting to Rs. 81/-, damages for use and occupation amounting to Rs. 94/-, and Rs. 15/- as cost of notice, together with pendente lite and future damages at the rate of Rs. 2/- per day. The accommodation in suit is described as Block No. 19 in the central Kothi of property No. 69 (old), Mahatma Gandhi Road, Agra. It was alleged that the defendant was a tenant on payment of Rs. 60/- per month as rent, and the plaintiff being in need of the accommodation, she applied for and was granted permission under S. 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, for filing a suit for the defendants ejectment, by an order dated the 1st June, 1968, of the Rent Control and Eviction Officer, Agra, which had become final on the dismissal of the revision against it, by the Commissioner, Agra, and the State Government. Four months' time was allowed to the defendant to vacate the accommodation by the State Government's final order dated the 25th Nov., 1969, which had expired before the suit was instituted. A notice under S.

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