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1993 Supreme(All) 335

H.N.TILHARI
PUNJAB NATIONAL BANK – Appellant
Versus
GANGA NARAIN KAPUR – Respondent


Advocates Appeared:
P.N.Mathur, S.C.MISHRA, S.S.D.Verma

H. N. TILHARI, J.

( 1 ) THIS is defendants revision application under S. 25 of the Provincial Small Cause Courts Act from the judgment and decree dated 23-11-1992 passed by III Addl. District Judge, Lucknow, decreeing the plaintiff-respondents claim for decree for arrears of rent and ejectment against the defendant-revisionist, in the S. C. C. Suit No. 28 of 1987 (Ganga Narain Kapoor v. Punjab National Bank ).

( 2 ) THE facts of the case, in brief, are that the plaintiff-opposite party filed the suit for a decree for recovery of rent and ejectment with the allegations to the effect that the plaintiff is the owner and landlord of the house in dispute, in a part of which Hindustan Commercial Bank had been in occupation as a tenant on monthly rental of Rs. 2,550. 00. The plaintiff further alleged that the building in dispute has been a new construction and it was for the first time assessed to the municipal tax by Nagar Mahapalika w. e. f. 1/04/1979 and, as such, the plaintiff alleged that the building in dispute or to say that the accommodation in dispute was not subject to the provisions of U. P. Act No. XIII of 1972 and that the provisions of U. P. Act No. XIII of 1972 did not apply





































































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