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1985 Supreme(All) 316

S.D.AGARWALA
MOTILAL – Appellant
Versus
NIRMAL KUMARI – Respondent


Advocates Appeared:
A.K.Sand, Chandra Bhusan Misra, Sri Kant

S. D. AGARWALA, J.

( 1 ) THIS is a civil revision filed under S. 25 of the Provincial Small Cause Courts Act.

( 2 ) A Suit No. 1 of 1983 was filed by one Smt. Nirmal Kumari, the opposite party, against the revisionist in the Court of the 2nd Additional District Judge, Fatehpur, in his capacity as the Judge, Small Cause Courts at Fatehpur, for ejectment and recovery of arrears of rent etc.

( 3 ) THE case of the plaintiff opposite party was that the revisionist had obtained the premises in dispute on rent on 27th June, 1979, and had executed a rent note and delivered it to the plaintiff opposite party. On that date, he paid rent only for one month and, thereafter, did not pay the rent, hence the suit.


( 4 ) THE revisionist contested the suit on the ground that there was no relationship of landlord and tenant between the parties. He did not execute the rent note dated 27th June, 1979, nor did he sign any such document nor did he pay rent for the month of July 1979.

( 5 ) DURING the trial of the suit, when the plaintiff opposite party examined the scribe to prove the document dated 27th June, 1979, an objection was raised by the learned counsel for the revisionist that the document was





















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