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2006 Supreme(All) 1161

PRAKASH KRISHNA
RAJESH MAKHIJA – Appellant
Versus
MUKTI SEN – Respondent


Advocates appeared:
Ravi Kant and Rahul Verma for the Applicant; M.K. Gupta, S.D. Singh and Smt. (Dr.) Mala Arora for the Respondent.

JUDGMENT

Hon’ble Prakash Krishna, J.—This revision is under Section 25 of Provincial Small Causes Courts Act and is directed against the judgment and decree dated 6-2-2006 passed by the Additional District Judge (Court No.1) Kanpur Nagar in SCC Suit No. 17 of 1999 whereby the suit for ejectment and recovery of arrears of rent at the rate of Rs. 826/- per month till the delivery of vacant possession is handed over to the plaintiff, has been decreed.

2. This is defendant’s revision who was tenant of Premises No. 25/2 Mall Road, Kanpur on a monthly rent of Rs. 826/-; on which the plaintiff opposite party is landlady. The landlady brought SCC Suit No. 17 of 1999 for ejectment of the defendant tenant on the allegations that the defendant took shop in Premises No. 25/2 The Mall Road, Kanpur. The shop consists of two compartments. The defendant illegally and without written consent of the landlady got demolished the intervening wall of the two shops and constructed a “Duchhatti” in the shop and also lowered down the floor of the shop by 2 feet and extended the shop towards east by three feet and constructed a Pakka Chabutra and fixed a Shutter, where by the shop has been disfigured and it g





























































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