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1995 Supreme(SC) 383

R.M.SAHAI, S.B.MAJMUDAR
Pratap Narain – Appellant
Versus
District Judge, Azamgarh – Respondent


(1) LEAVE granted.

(2) THIS appeal is directed against the judgment and order of the Allahabad High court rendered in exercise of jurisdiction under Article 226 of the Constitution of India in proceedings arising out of the suit filed by the respondent for recovery of arrears of rent and for eviction from the suit premises. The suit was filed in 1981. The respondent moved an application for amendment in 1986 to add the additional ground that the tenant having made structural changes in the building, he was liable to eviction under Section 20(2(c) of Act 13 of 1972. The amendment was allowed. The trial court found that there were no arrears of rent and consequently the suit for recovery of rent and compensation was dismissed. But it found that the appellant had made certain structural changes, therefore, he was liable to eviction. The order was set aside by the District Judge in revision as the respondent having admitted that the alterations were made on or before 1968 and when the respondent issued a notice in 1970 and the appellant gave assurance that he would not make any further construction or commit any wrongful act, no proceedings were taken against him, it amo



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