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2006 Supreme(All) 2169

PRAKASH KRISHNA
YADAV MOTORS – Appellant
Versus
HITENDRA KUMAR AHUJA – Respondent


Advocates:
Counsel :
R.K. Saxena, A.K. Singh, Rajeshwar Yadav and Nitin Sharma for the Revisionists; M.K. Gupta and Madan Mohan for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—This is tenants’ revision under Section 25 of the Provincial Small Causes Court Act against the judgment and decree dated 13th August, 2004 passed in SCC Suit No. 13 of 1997, whereby the trial Court has decreed the suit for recovery of arrears of rent amounting to Rs. 2,46,900/-, damages amounting to Rs. 16,200/- and future damages at the rate of Rs. 300/- per day and also for ejectment of the defendants/tenants, who are applicants in the above revision.

2. Hitendra Kumar Ahuja and A.K. Ahuja the two brothers instituted SCC suit No. 13 of 1997 against the present applicants and Rajpal Singh Yadav, defendant/proforma respondent No. 3 in the revision on the allegations that they let out the disputed show room/property to the defendants on a monthly rent of Rs. 9000/-. The defendant No. 1 is partnership firm and defendant Nos. 2 and 3 are the partners. Initially monthly rent used to be paid by single cheque in their joint names subsequently on the ground of convenience, it was agreed upon by the defendants/tenants that they would pay separate cheques to each plaintiff at the rate of Rs. 4,500/- per month. The defendants had paid the rent up to Septe


























































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