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1975 Supreme(MP) 125

SHIV DAYAL, P.K.TARE
B. P. PATHAK – Appellant
Versus
RIYAZUDDIN – Respondent


Advocates Appeared:
P.R.Padhye, Ravish Agrawal

SHIV DAYAL, J.

( 1 )

"whether a transferee of part of the property leased can terminate the lease with respect to the part transferred to him by giving quit notice to the tenant. "

( 2 ) THE plaintiff, Dr. Riyazuddin, averred in the plaint that he purchased a portion of Nazul Plot No. 40/2, measuring 89' x 108', from its previous owner E. Ashok Rao and others, by a registered deed of sale, The vendors simultaneously delivered possession of the plot. The suit plot had been taken on lease by B. P. Pathak (defendant No. 1) from the plaintiffs predecessor-in-title for storing coal, etc. on a monthly rent of Rs. 5/-, when he worked as a coal contractor. Later on, B. P. Pathak unauthorisedly erected temporary structures and sublet the same to defendants Nos. 2 and 3 for being used for residential purposes, keeping a portion for himself. The remaining portion of the land is being used for growing vegetables by defendant No. 4, at the instance of defendant No. 1. The occupation of defendants Nos. 2 and 3 is unauthorised and unlawful. Defendant No. 1 is in arrears of rent from October 17, 1966 to june 30, 1968, which he has not deposited in spite of notice. The plaintiff, who is a Doctor of




















































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