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2007 Supreme(All) 473

PRAKASH KRISHNA
DILIP KAUR – Appellant
Versus
ADDITIONAL DISTRICT JUDGE, LALITPUR – Respondent


Advocates appeared:
A.K. Gupta and S.A. Sharma for the Petitioners; Smt. Amita Tripathi, K.K. Dubey, Pankaj Saxena, S.C. for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—The present petition is directed against the order dated 11th of January, 2000 passed by the respondent No. 1 in a pending S.C.C. Suit No. 6 of 1998. The respondent No. 2 (who died during the pendency of the writ petition) instituted the said suit in the Court of J.S.C.C. District Judge (Dacoity Chhetra), Lalitpur against the present petitioners for the ejectment, recovery of arrears of rent, damages, house tax, water tax together with interest on the allegation that the defendants are in arrears of rent etc. since 1st of May, 1985 which were demanded through notice dated 22nd of June, 1998 but the defendants failed to pay the same. The details of various amounts outstanding against the defendants (the present petitioners) have been detailed in the plaint. A sum of Rs. 8,015.50 has been claimed as interest on the arrears of rent. In the written statement filed on behalf of the present petitioners the relationship of landlord and tenant between the parties is not disputed. It has been pleaded that Shri Harbhajan Singh took the disputed shop on a monthly rent of Rs. 100/- in the year 1973 and no water tax or house tax is payable. The allegation tha




















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