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2005 Supreme(All) 2345

S.U.KHAN
HARISH KHURANA – Appellant
Versus
PREM KUMAR – Respondent


Advocates:
Counsel :
K.M. Dayal, B.N. Mishra and Atul Dayal for the Revisionist; Vinod Sinha, Ravi Kant, Sudhir Chandra and S.A. Murtaza for the Opp. Parties.

JUDGMENT

Hon’ble S.U. Khan, J.—Civil Revision has been filed by tenant Harish Khurana against landlords Prem Kumar and Satish Kumar and is directed against judgment and decree dated 15.5.1995 passed by J.S.C.C. Second A.D.J. Allahabad in S.C.C. Suit No. 15 of 1988, Prem Kumar and another v. Harish Khurana. Through the said judgment and decree suit of landlords-opposite parties was decreed on the ground of sub-letting of the tenanted accommodation which is commercial in nature. Tenancy started with effect from 1.4.1977, through agreement of lease dated 14.5.1977. It was further alleged in the plaint of the suit that the tenant had sublet the premises to a Company M/s Khurana Auto Mobile Private Limited. It is admitted that the aforesaid Company consists of only tenant Harish Khurana and his wife Shrimati Usha Khurana and is a private limited Company. Apart from Harish Khurana and his wife Smt. Usha Khurana, there is no other shareholder in the Company.

2. The writ petition is directed against order dated 22.9.1997 passed by Rent Control and Eviction Officer (I), Allahabad in case No. 10 of 1996 under Section 12/16 of U.P. Act No. 13 of 1972, Bisheshwar Dayal Agarwal v. Harish Khurana.






























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