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1998 Supreme(All) 1445

S.RAFAT ALAM
ANWAR UDDIN – Appellant
Versus
IST ADDL. DIST. JUDGE, ALIGARH – Respondent


Advocates Appeared:
S.A.SHAH

S. RAFAT ALAM, J.


( 1 ) THIS is tenants petition under Art. 226 of the Constitution for quashing the judgment and order of the learned Ist Additional District Judge, Aligarh, dated 5-11-1985 allowing the revision of the landlord and decreeing the suit for ejectment.

( 2 ) THE short and admitted facts of the case are that the accommodation in question bearing House No. 5/28, Sarai Babu, Rasalganj, Gali Laxmipuri, Aligarh was let out to the father of the petitioner tenant on a rent of Rs. 20. 00 per month. The respondent landlord filed a suit against the petitioners father for his ejectment as well as for recovery of arrears of rent and damages, inter alia, on the grounds that the tenant has committed default in payment of rent for the period from May 1972 to 22-11-1976 and in spite of notice of demand, failed to pay the same nor vacated the premises, that the tenant has, without permission in writing of the landlord, made certain construction and material alteration in the building which has diminished its value and also disfigured it, and thus he is liable to be evicted under the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter r


















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