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2023 Supreme(SC) 303

ANIRUDDHA BOSE, SUDHANSHU DHULIA
Man Singh – Appellant
Versus
Shamim Ahmad (Dead) Thr. Lrs. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. U.K. Uniyal, Sr. Adv. Mr. Dinesh Kumar Garg, AOR Mr. Dhananjay Garg, Adv. Mr. Abhishek Garg, Adv. Mr. Ishaan Tiwari, Adv. Mr. R.p. Bansal, Adv.
For the Respondent(s): Dr. (mrs. ) Vipin Gupta, AOR

JUDGMENT

Sudhanshu Dhulia, J.

1. This is a tenant’s appeal, arising out of rent and eviction proceedings from a Small Causes Court. The landlord’s suit for eviction was allowed and the tenant’s J.S.C.C. Revision and Writ Petition respectively have been dismissed. Leave was granted by this Court on 11.2.2015 and the impugned order was stayed, subject to certain conditions.

2. The premises in question is a shop situated in Kotla, Gangoh-Town, Nukur-Tehsil, District-Saharanpur, Uttar Pradesh (hereinafter referred to ‘premises’) which was given on rent to the present appellant on 06.01.1982 on a monthly rent of Rs. 165/- per month. Later, the rent was increased to Rs. 195/- p.m. and then from 01.01.1990 onwards to Rs. 250/- p.m. This is the admitted position. We must, however, record here that the landlord’s claim of the rent being further increased up to Rs.300/- per month was denied by the tenant though the Trial Court and the Revisional Court have given their findings on the enhanced rent, in favour of the landlord.

3. The appellant’s case is that he was a tenant in the shop, on a monthly rent of Rs.250/- per month. In June, 1993, the landlord refused to accept the rent which was then p


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