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1981 Supreme(SC) 391

E.S.VENKATARAMIAH, R.S.PATHAK, V.BALAKRISHNA ERADI
Mangal Sen – Appellant
Versus
Kanchhid Mal – Respondent


Advocates:
LALITA KOHLI, MANOJ SVARUP, N.N.SHARMA, R.N.SHARMA

Judgment

V. BALAKRISHNA ERADI, J. :- This appeal by special leave is against a judgment rendered by the First Additional District Judge, Bulandshahr, allowing a Revision Petition filed before him by the respondent herein.

2. The respondent is the owner of a shop building in Jahangirabad town which he had let out to the appellant on a month to month tenancy basis. A suit for ejectment was filed by the respondent in the Court of Small Cause (Civil Judge), Bulandshahr, praying for eviction of the appellant from the shop under Section 20 (2)(a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short, the Act) on the ground that the tenant was in arrears of rent for not less than four months commencing from April 9, 1972 and had failed to pay the same to the landlord within one month from the date of service upon him of a notice of demand (October 19, 1972). It was alleged in the plaint that the agreed rent of the shop was Rs. 100 per month and that the tenant had kept the rent in arrears from April 9, 1972onwards despite notice having been served on him on October 19, 1972 demanding payment of arrears of rent and determining the tenancy.

3. The appella















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