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2003 Supreme(All) 2614

S.U.KHAN
GAURI SHANKAR GUPTA – Appellant
Versus
ANITA MISHRA – Respondent


Advocates Appeared:
S.K.GUPTA, S.N.DUBEY

S. U. KHAN, J.

( 1 ) THIS revision under Section 25, P. S. C. C. Act, has been filed by Gauri Shankar Gupta, whose impleadment application in S. C. C. Suit No. 42 of 2001 has been rejected by Additional District judge, Court No. 2, Kanpur Nagar, through order dated 24. 7. 2003 impugned in the instant revision. The suit has been filed by the plaintiff/respondent No. 1, Anita Mishra, against the respondent No. 2, Azad Kumar. True copy of the plaint is Annexure-1 to the affidavit, filed in support of stay application. In para 4 of the plaint, it is stated that previously Ram Autar, father of defendant (i. e. , Azad Kumar) was the tenant of the shop in dispute and after his death. Azad opted for tenancy and signed the counter foils of receipts and he alone made payment of rent. In para 2 of the plaint it has been stated that the shop in dispute is new construction, hence provisions of U. P. Act No. 13 of 1972 do not have any application and assuming it to be within the ambit of the said Act, a clear case of default has been made out. Relief for eviction and recovery of arrear of rent etc. has been sought through the said plaint. Revisionist Gauri Shankar gupta applied for impleadment o








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