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2001 Supreme(All) 861

JANARDAN SAHAI
RAFAT UMAR – Appellant
Versus
VIKAS KHURANA – Respondent


Advocates Appeared:
ANIL SHARMA, Deo Raj, K.M.Garg

JANARDAN SAHAI, J.

( 1 ) THIS revision is directed against the order of the Judge Small Causes Court, Bijnor dated 9. 9. 1999 rejecting the application of the defendant-applicant that the suit suffers from mis-joinder of causes of action and that the Court had no Jurisdiction to hear the case. The facts giving rise to this revision are that SCC Suit No. 6/1998 was filed by the plaintiff opposite party in the Court of Judge, Small Causes for ejectment, arrears of rent and damages for use and occupation with regard to shop Nos. 15 and 16 after terminating the tenancy by two separate notices dated 1. 1. 1998. It is alleged that U. P. Act No. 13 of 1972 is not applicable to the shops in dispute as both shops were constructed in February, 1987. The rent of each shop was alleged to be Rs. 600 per month and it was stated that the tenant had defaulted in paying the rent in respect of both the shops since 1. 5. 1997. A written statement was filed in which one of the pleas taken was that suit was bad for mis-joinder of cause of action inasmuch as there were two separate tenancies which had started on different dates, separate payment of rent had been made and separate receipts for rent were
















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