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2001 Supreme(All) 656

B.K.RATHI
NASIM AHMAD – Appellant
Versus
IVTH ADDL. DISTRICT JUDGE, MERRUT – Respondent


Advocates Appeared:
K.K.Arora, R.K.JAIN

B. K. RATHI, J.


( 1 ) THE respondent Nos. 3 and 4 filed S. C. C. Suit No. 21 of 1997 against the petitioner in the court of Judge Small Causes Court. Meerut, for eviction and for recovery of arrears of rent. The eviction was sought alleging that the premises in suit was constructed in the year 1990. The suit having been filed in the year 1997, the provisions of U. P. Act No. XIII of 1972 does not apply to the premises in suit. The suit for eviction as well as for recovery of arrears of rent was decreed by Judge Small Causes Court. Meerut, on 18. 7. 1998 by Judgment. Annexurc-8 to the writ petition. Aggrieved by it the petitioner preferred S. C. C. revision No. 374 of 1998, which has been dismissed by respondent No. 1 on 30. 3. 1999 by judgment. Annexure-9 to the writ petition. Aggrieved by the orders, the petitioner has preferred this writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with the request that both the orders. Annexures-8 and 9 to the writ petition be quashed and the suit of the respondents nos. 3 and 4 be dismissed with costs.

( 2 ) I have heard Sri K. K. Arora. learned counsel for the petitioner and Sri

















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