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2000 Supreme(All) 711

O.P.GARG
PRATAP SINGH – Appellant
Versus
IXTH ADDITIONAL DISTRICT JUDGE, FATEHPUR – Respondent


Advocates Appeared:
S.F.A.Naqvi, V.S.KUSHVALA

O. P. GARG, J.

( 1 ) THE controversy canvassed in the present writ petition lies in very narrow compass. It is an admitted fact that one Brij Rani Kakkar was owner/landlady of house No. 3 situate in Mohalla katra Abdul Gani in town Fatehpur. The petitioner undoubtedly was earlier her tenant in a portion of the said house at a monthly rent of Re. 165. Smt. Brij Rani Kakkar, the original owner landlady sold the house in question in favour of Smt. Prema Awasthi-respondent No. 3 through a registered sale deed dated 15. 12. 1988. Subsequently, she filed a S. C. C. Suit No. 3 of 1991 against the present petitioner for his eviction from the tenanted accommodation on the ground that he has committed default in payment of arrears of rent in spite of service of the notice of demand and quit. Besides the relief of ejectment, arrears of rent and pendente lite mesne profits have also been claimed. The defendant-petitioner denied the title of the plaintiff-respondent No. 3 as well as relationship of landlady and tenant, primarily on the ground that the original owner-landlady Smt. Brij Rani Kakkar had executed an agreement for sale dated 13. 12. 1976 in his favour and pursuant to the said agreem




















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