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2001 Supreme(All) 80

U.S.TRIPATHI
MOOL CHAND – Appellant
Versus
TRILOK CHAND – Respondent


Advocates Appeared:
ASHOK KUMAR, B.K.NARAYANA, Dhruva Narayana

U. S. TRIPATHI, J.

( 1 ) HEARD the learned counsel for the petitioner, Sri Ashok Kumar, learned counsel for respondent No. 1 and prused the record.

( 2 ) THIS writ petition has been filed for issue of a writ, order of direction in the nature of certiorari quashing the order dated 12-1-2001 passed by XVth Additional District Judge, Kanpur Nagar in SCC Revision No. 137 of 1999.

( 3 ) THE respondents filed SCC suit No. 95 of 1991 against the petitioner for his ejectment and recovery of arrears of rent and damages on the ground of subletting and changing the user of the premises. The petitioner contested the suit denying the relationship of landlord and tenant between the parties. The Trial Court decreed the suit for ejectment as well as arrears of rent and damages. Aggrieved with the above judgement and decree the petitioner filed SCC Revision No. 137 of 1999 before District Judge, Kanpur Nagar. The revision was transferred to the Court of XVth Additional District Judge, Kanpur Nagar for disposal.

( 4 ) DURING pendency of the revision the petitioner moved an application paper No. 30-C before the Revisional Court under Order XLI Rule 27 C. P. C. for permission to adduce additional evide











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