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2008 Supreme(All) 2279

V.K.SHUKLA
RAJ KUMAR RAJPOOT – Appellant
Versus
USHA DEVI LAHAUTI – Respondent


Advocates:
Counsel :
Harish Kumar Yadav and R.D. Agrahari for the Petitioner; K.M. Garg for the Respondents.

JUDGMENT

Honble V.K. Shukla, J.—This is tenants petition questioning the validity of judgment and order dated 20.4.2005 and 11.7.2008 passed by Judge Small Cause Court as affirmed by Additional District Judge, Court No. 1, Bijnor on 2.9.2008.

2. Brief background of the case is that petitioner is tenant of shop in dispute at the rate of Rs. 500/- per month, as mentioned by petitioner. Petitioner has stated that his tenancy is on month to month payment basis. In the said premises in question, petitioner is running jewellery shop for his livelihood. Notice was sent on 21.11.2002 informing and intimating the petitioner that since 1.9.2002 rent at the rate of Rs. 600/- has not been paid. It was mentioned therein that landlord did not any further intend to retain the tenant as such, from the date of receipt of notice after 30 days, tenancy would be terminated and after expiry of the period of 30 days possession of the premises in question was asked to be handed over to the landlord, and in the event of failure to comply with the directions contained in the notice, landlord would be initiating proceedings. Said notice was replied on 10.2.2002. Thereafter, JSCC suit No. 6 of 2002, Smt. Usha







































































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