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2009 Supreme(SC) 1555

TARUN CHATTERJEE, R.M.LODHA
Commercial Auto Sales (P) Ltd. – Appellant
Versus
Auto Sales (Properties) – Respondent


Advocates Appeared: For the Appellant:Altaf Ahmed, Sr. Advocate, Ms. Meenakshi Arora, Anurag Sharma, Prashant Kumar (for M/s. AP & J Chambers), Advocates. For the Respondent:Jaideep Gupta, Arvind Varma, Sr. Advocates, Pankaj Naqvi, Ms. Pallavi Gupta, Siddharth Dave, T. Mahipal, Sankata Mitra, Ms. Chandni G., Advocates.

Judgment :-

R.M. Lodha, J.

Leave granted.

2. These two appeals by special leave are directed against the judgment and order dated December 10, 2007 passed by the High Court of Judicature at Allahabad whereby it dismissed revision petition of the present appellant preferred under Section 25 of the Provincial Small Causes Courts Act, 1887 and affirmed the judgment and decree for eviction dated February 5, 2003.

3. M/s. Auto Sales (Properties) through Smt. Manju Gupta - respondent herein filed a suit for eviction and recovery of arrears of rent against M/s. Commercial Auto Sales (P) Ltd., through its Director Brij Mohan Gupta - appellant in the Court of Small Causes, Allahabad with regard to portion of premises on the ground floor of building at 18, Kanpur Road, Allahabad. The respondent averred in the plaint that the subject premises were under the tenancy of the appellant for rent of Rs.11,000/- per month; that tenancy commenced from the first day of every English calendar month and ended on the last day of each month; that vide notice dated March 14, 1997 the balance rent was demanded and tenancy of the appellant was terminated and despite notice of demand and termination of tenancy
























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