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1998 Supreme(All) 922

J.C.GUPTA
KAILASH CHANDRA – Appellant
Versus
IIIRD ADDITIONAL JUDGE – Respondent


Advocates Appeared:
B.N.AGRAWAL, Rajesh Ji Verma

J. C. GUPTA, J.


( 1 ) THIS is tenants writ petition directed against the judgment and order dated 17-5-80 passed by respondent No. 1 in the revision filed by respondents Nos. 2 and 3 whereby revision was allowed and the judgment and decree dated 30-10-78 passed by the Judge, Small Cause Court in S. C. C. Suit No. 17/76 has been set aside and the suit for eviction of the petitioners from the shop in question has been decreed.

( 2 ) THE dispute relates to a shop detailed at the foot of the plaint filed by Respondents Nos. 2 and 3 against the petitioners. The suit was filed with the allegations that the defendants were defaulter in payment of rent and they had paid rent at the rate of Rs. 18. 00 per month up to 31-5-71 only and rent from 1-6-71 was not paid despite several demands, hence the plaintiff served the defendants with a notice of demand and eviction. After the expiry of the notice period the suit for the recovery of rent from 15-12-73 to 4-1-1975 amounting to Rs. 443. 50 p and for mesne profits from 5-1-75 till 15-12-76 amounting to Rs. 204. 50 P. was filed as rent before 15-12-73 had become time barred. It was further alleged that the defendant No. 1 had sublet the shop to d





























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