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2007 Supreme(All) 593

RAKESH SHARMA
DAYA SHANKAR UPADHYAYA – Appellant
Versus
NARESH CHANDRA – Respondent


Advocates appeared:
S.P. Pathak for the Appellant; Yogesh Kesharwani for the Respondents.

JUDGMENT

Hon’ble Rakesh Sharma, J.—This petition has been heard and disposed of in open Court for reasons to be recorded later. My reasons for dismissing the writ petition are as follows.

2. Heard Sri S.P. Pathak, learned Counsel for the petitioner and Sri Yogesh Kesharwani, learned Counsel appearing for the respondents 1 to 3.

3. The petitioner has assailed the judgment and order dated 26.2.2005, passed by the IIIrd Additional District Judge, Raebareli in S.C.C. Civil Revision No. 607 of 2004, Daya Shankar Upadhyaya v. Naresh Chandra and others, preferred by the petitioner against the judgment and decree dated 13.8.2004 passed by the Judge, Small Causes Court, Raebareli decreeing the suit of landlord-respondents 1 to 3 for arrears of rent and ejectment of the petitioner.

4. In the present case, both the Courts below i.e. learned Judge, Small Causes Court, Raebareli and the revisional Court i.e. Illrd Additional District Judge, Raebareli have recorded concurrent findings of facts, forming the same opinion that the petitioner-tenant was liable for ejectment from the property, accommodation in dispute, situate in town Jais in district Raebareli, as he had defaulted in making payment of

























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