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1993 Supreme(All) 284

S.P.SRIVASTAVA
SUKHANAND – Appellant
Versus
IV ADDITIONAL DISTRICT JUDGE, BULANDSHAHR – Respondent


Advocates Appeared:
Ajit Kumar, B.DAYAL, B.Sahai, M.C.Singh

S. P. SRIVASTAVA, J.

( 1 ) THE petitioner plaintiff had filed a suit seeking a decree for the eviction of the tenant respondents from the premises in dispute and for recovery of arrears of rent and damages for use and occupation pendent-lite and future, which suit was decreed by the Judge Small Cause Court on 3-8-1984. This decree was however, reversed by the revi-sional court vide its judgment and decree dated 8/11/1985, whereunder the suit was dismissed. Feeling aggrieved, the plaintiff petitioner has now approached this Court seeking redress praying for the quashing of the revisional order and restoration of the judgment and decree passed by the Judge Small Cause Court.

( 2 ) THE facts, shorn of details necessary for the disposal of the present writ petition lie in a narrow compass. The plaintiff petitioner had come up with the allegations that the defendant tenant was a defaulter in the payment of rent which had remained unpaid since 19-1-1975. Accordingly a notice as contemplated under S. 20 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as act) read together with the provisions contained in S. 106 of the Transfer of P














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