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2003 Supreme(All) 2453

S.P.MEHROTRA
ARUN KUMAR SINGH – Appellant
Versus
DISTRICT JUDGE – Respondent


Advocates Appeared:
Sanjay Kumar

S. P. MEHROTRA, J.

( 1 ) THE present Writ Petition under Article 226 of the Constitution of India has been filed, interalia, praying for quashing the order dated 14. 10. 2003 (Annexure No. 2 to the Writ Petition)passed by the learned Judge, Small Cause Court, Kanpur Nagar and the order dated 24. 10. 2003 (Annexure No. 1 to the Writ Petition) passed by the learned District Judge, Kanpur Nagar.

( 2 ) THE dispute relates to a shop situated in Premises No. 108/186, Sisamau Bazar, Kanpur, the details where of are given in the judgment and decree dated 8. 2. 1984 passed in S. C. C. Suit No. 92 of 1979 referred to herein-after. The said Shop has herein-after been referred to as the "disputed shop".

( 3 ) FROM a perusal of the allegations made in the Writ Petition and Annexures thereto, it appears that the respondent Nos. 3 to 6 herein filed a Suit for ejectment etc. , in respect of the disputed shop against the Late Jag Mohan, grandfather of the petitioners herein on the grounds of default in payment of rent and material alterations in the disputed shop. The said Suit was registered as s. C. C. Suit No. 92 of 1979.

( 4 ) BY the judgment and decree dated 8. 2. 1984, the said S. C. C. Suit
















































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