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2009 Supreme(All) 2460

S.U.KHAN
PURAN SINGH – Appellant
Versus
A. D. J. – Respondent


JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned counsel for the parties on the restoration application as well as merit of the writ petition. Cause shown is sufficient restoration application is allowed. Order dated 2.3.07 dismissing the writ petition in default is set aside. Writ petition is restored.

2. This is tenant’s writ petition arising out of suit for eviction filed by landlord-respondents No. 2 to 10, Khoob Chand and others. Eviction was sought on the ground of default and prayer for recovery of arrears of rent was also made. Suit was registered as S.C.C. Suit No. 33 of 1981 and was dismissed by J.S.C.C., Lalitpur on 20.1.1992. Against the said judgment and decree landlords respondent filed S.C.C. Revision No. 7 of 1992. A.D.J./Speical Judge (DAA), Lalitpur, through judgment and order dated 26.2.1998 allowed the revision set aside the judgment and decree passed by the trial Court and decreed the suit of the landlord respondents for eviction and recovery of arrears. This writ petition is directed against the said judgment and order passed by lower revisional Court.

3. The building in dispute is covered by U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972.


















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