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2009 Supreme(All) 559

V.K.SHUKLA
MOHD. HANEEF – Appellant
Versus
SUNIL TULI – Respondent


Advocates:
Counsel :
J.H. Khan, W.H. Khan, Sushil Pandey and A.C. Tiwari for the Revisionist; M.D. Singh ‘Shekhar’ and Anil Kumar Srivastava for the Opposite Party.

JUDGMENT

Hon’ble V.K. Shukla, J.—Present rent revision is directed against the judgment and order dated 2.12.2008 passed by Additional District Judge, Court No. 10/Judge Small Cause Court, Kanpur Nagar, whereby Small Cause Case No. 21 of 2006 (Sunil Tuli v. Mohd. Haneef) seeking eviction and arrears of rent filed by landlord, has been decreed against the revisionist and further direction to hand over the peaceful possession of shop in House No. 25/16, situated in Karanchikarkhana, Sagar Market, Kanpur Nagar on the ground floor, to the landlord.

2. Brief background of the case is that the revisionist is tenant of the aforesaid shop. The premises in question was purchased by Sunil Tuli from its erstwhile owner Amar Nath Gupta vide sale deed dated 15.6.2005. The case of the revisionist has been that after the said purchase had materialized, Sunil Tuli started making all sorts of obstructions in the peaceful possession, and in this background Original Suit No. 1120 of 2005 had been filed in the Court of Civil Judge (Junior Division), Kanpur Nagar. During the pendency of the aforesaid proceeding, notice was sent mentioning therein that rent was due with effect from 15.6.2005 to February,













































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