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2007 Supreme(All) 1840

S.U.KHAN
MOHAD ISHAQ – Appellant
Versus
VIIITH ADDITIONAL DISTRICT JUDGE, KANPUR NAGAR – Respondent


Advocates:
Counsel :
A.N. Sinha for the Petitioners; M.A. Qadeer, S.C. for the Respondents.

JUDGMENT

Honble S.U. Khan, J.—This is tenants writ petition arising out of orders passed on petitioners application under Section 47, C.P.C. The tenanted accommodation is in the form of shop on ground floor of House No. 77/153, Coolie Bazar, Kanpur, rent of which is Rs.12 per month. Landlady Smt. Jamilunnisa, predecessor in interest of respondents No. 3 to 6 filed suit for eviction against the original tenant Athar Ali (who died during pendency of suit and was survived by petitioners) in respect of tenanted accommodation in the form of original suit No. 1719 of 1971. In the suit, petitioners filed written statement alleging therein that Smt. Jamilunnisa-the plaintiff had sold the property to Ghanshyam Das in 1959, who in turn sold the same to Sri M. Samad in 1965 and Sri M. Samad sold the same to Smt. Mustafai Begum through registered sale deed dated 12.8.1986. Smt. Mustafai Begum filed impleadment application in the suit, which was allowed. She also filed written statement. The suit was decreed ex parte on 27.1.1978.

2. Smt. Mustafai Begum neither filed any restoration application nor revision. Petitioners filed revision against the said order, being S.C.C. Revision No. 155 of 1978
















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