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2002 Supreme(All) 1893

S.P.SRIVASTAVA
KAILASH CHAND SINGHAL – Appellant
Versus
SRI KRISHNA JANAM ASTHAN – Respondent


Advocates Appeared:
NEERAJ TRIPATHI, R.P.Goyal, Sanjay Mishra, SANTOSH KUMAR, V.K.AGRAWAL

S. P. SRIVASTAVA, J.

( 1 ) HEARD the learned counsel for the parties.

( 2 ) PERUSED the record,

( 3 ) THE tenant-defendant-revisionist has approached this Court by means of the present revision invoking the jurisdiction envisaged under Section 25 of the Provincial Small Cause Courts Act, 1887, seeking redress praying for the setting aside of the decree passed in favour of the plaintiff for the eviction of the tenant-revisionist from the premises in dispute with a further direction that subject to the payment of the court fee on the execution side, the plaintiff will be entitled to adjust the amount deposited by the defendant in Court towards the payment of rent and will also be entitled to damages for use and occupation @ Rs. 500 per month till the recovery of possession.

( 4 ) THE facts in brief shorn of details and necessary for the disposal of this revision lie in a narrow compass.

( 5 ) THE plaintiff-respondent had filed the suit giving rise to this revision alleging that the accommodation/building which had been let out to the defendant had been newly constructed in the year 1975. It was claimed that since the plaintiff was a registered religious institution, the provisions con

























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