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2000 Supreme(HP) 345

KAMLESH SHARMA
GURCHARAN SINGH – Appellant
Versus
RAJENDER VERMA – Respondent


Advocates Appeared:
For the Petitioner:Mr. Kuldip Singh, Senior Advocate with Ms. Jyotika, Advocate:For the Respondent:Mr. G.D. Verma, Senior Advocate with Mr. Romesh Verma, Advocate.

JUDGMENT

Kamlesh Sharma, J-: The petitioners are the defendants, whereas, the respondent is the plaintiff and they will be referred as such in this judgment. The defendants are aggrieved by the decree and judgment dated 8.1.1998 passed by Sub Judge 1st class (I), Sirrnaur District at Paonta Sahib whereby the suit of the plaintiff is decreed for recovery of possession of the shop in dispute i.e. shop owned by defendants near Bangran Chowk in House No. 80, Ward No.7 as shown in site plan Mark D. As provided under sub-section (3) of Section 6 of the Specific Relief Act, 1963 (hereinafter called the Act) no appeal lies against the impugned decree and judgment passed under sub-section (1) of Section 6 of the Act, the defendants have filed the present revision petition under Section 115C.P.C.

2. The plaintiff had filed civil suit under Section 6 of the Act against the defendants on the allegations that he was induced as tenant in the shop in dispute in the month of March, 1992 on a rent of Rs.500/- per month which was increased to Rs.600/- per month in July, 1994. According to the plaintiff, when he was forcibly dispossessed from the shop in dispute on 29.3.1997 by the defendants, he repor

















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