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2009 Supreme(SC) 1540

S.H.KAPADIA, AFTAB ALAM
Sunita Rani – Appellant
Versus
Sri Chand – Respondent


ORDER

Application for deletion of the name of Respondent No.4 is allowed.

Leave granted

1. The respondents (Landlord) instituted proceedings for eviction of the appellants (Tenant) from three different premises let out to them at different times. One of the proceedings was in respect of a go-down let out to the appellants at the monthly rental of Rs.50/-. The other was in regard to a shop with the monthly rental of Rs.35/- and the third was for a kothari on the monthly rental of Rs.15/-.

2. The Prescribed Authority/Munsif, Deoband, Saharanpur, consolidated the three proceedings and by a common judgment and order dated 8 November, 1983 dismissed all the three eviction/release petitions filed by the respondents.

3. Against the order passed by the Prescribed Authority the respondents preferred appeals before the Additional Judge, Saharanpur. The appellate authority allowed the appeal relating to the go-down and ordered its release/eviction of the appellants by judgment and order dated 30 May, 1989. By the same judgment, however, it rejected the respondents’ appeals in regard to the other two premises, namely, the shop and the kothari.

4. The respondents filed two writ petitions before













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