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1998 Supreme(All) 387

J.C.GUPTA
RAKESH KUMAR – Appellant
Versus
VITH ADDITIONAL DISTRICT JUDGE, BULANDSHAHR – Respondent


Advocates Appeared:
H.N.Sharma

J. C. GUPTA, J.


( 1 ) THIS is landlords petition challenging the validity of the order dated 29. 5. 1991 passed by respondent No. 1 (Annexure-7 to the writ petition ). By the said order, revision filed by respondent Nos. 3 and 4 has been allowed and the lower revisional court has ordered that the petitioners plaint be returned for presentation before the proper Court under Section 23 of the provincial Small Cause Courts Act, 1887 (hereinafter referred to as the Act ).

( 2 ) THE facts encompassing the controversy are that the petitioner filed suit for ejectment and recovery of arrears of rent and damages far use and occupation of the two disputed shops with the allegation that he has become owner-landlord of the disputed shops after having purchased the same from previous owners Smt. Athar Zamani Begum and Smt. Ashfaq Zamani Begum through a registered sale deed dated 15. 10. 79. Before the said transfer, defendant No. 1 used to pay rent to Smt. Athar Zamani Begum exclusively and she was landlady of the respondents tenant. After the sale deed aforesaid, the plaintiff has stepped into her shoes and is entitled to realise rent from the said defendant. The plaintiff served him with a no






















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