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1998 Supreme(All) 1038

J.C.GUPTA
SHIV NATH – Appellant
Versus
ADDL. DISTRICT JUDGE, MAHARAJGANJ AND OTHERS – Respondent


Advocates Appeared:
Pankaj Mithal, SANJAY MISRA

J. C. GUPTA, J.


( 1 ) BY means of this writ petition, the petitioner has challenged the order dated 4. 11. 1996 passed by the Judge, Small Causes Courts, respondent No. 2 whereby the application moved on behalf of the petitioner under Section 23 of the Small Causes Court Act to return the plaint for presentation before appropriate Court has been rejected. The petitioner has further prayed for quashing the order dated 6. 10. 1997 passed by the revisional court whereby the revision preferred against the order of the trial court has been dismissed.

( 2 ) THE suit for rent and ejectment filed by respondent Nos. 3 to 6 against respondent Nos. 7 to 13 and the petition is pending in the Court of Judge Small Causes. As per the plaint allegation, one gabbu Lal, the predecessor-in-interest of respondent Nos. 7 to 13 was tenant in the accommodation In question at the rate of Rs. 25. 25p. The accommodation was previously owned by Ganesh Sugar Mills, Anand Nagar, district Gorakhpur (now district Maharajganj) and the same was purchased by respondent Nos. 3 to 6 by a registered sale deed dated 25. 5. 1975 and thereafter Gabbu Lal became tenant of the purchasers. Gabbu Lal died in the year 1974 an









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