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2004 Supreme(SC) 9

R.C.LAHOTI, ASHOK BHAN
India Umbrella Manufacturing Co. – Appellant
Versus
Bhagabandei Agarwalla (Dead) By Lrs. Savitri Agarwallas – Respondent


JUDGMENT

R.C. Lahoti, J.-The suit property consist of a house and outhouses bearing Municipal No. 47 Ward No. 5 (new Ward No. 20), S.R.C.B. Road, Fancy Bazaar, Guwahati. The house property is situated over a piece of land which bears patta Nos. 1382 and 1064. The entire property including the land and the building standing thereon was owned by late Ladi Aggrawalini. It was in possession of two tenants. On 24.8.1957, late Ladi Aggrawalini made a gift of the suit property in favour of her two daughters namely Bhagabandei and Buchi Devi. The tenants were informed and they attorned in favour of the donee sisters. On 1.6.1967, fresh deeds of lease came to be executed between the two co-landlords jointly and the two tenants individually. M/s. India Umbrella Manufacturing Company (the appellant in Civil Appeal No. 5357 of 1996) agreed to continue to hold the tenancy premises on a monthly rent of Rs. 1200/- undertaking to pay Rs. 600/- each to the two co-owners. M/s. Bharat Stores & Agencies through its proprietor Tulsiram Swami (who and whose alleged sub-tenants are the appellants in Civil Appeal No. 5358 of 1996) agreed to continue in possession of the tenancy premises on a monthly rent o














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