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2009 Supreme(All) 3010

PRAKASH KRISHNA
S. S. KAPOOR – Appellant
Versus
SANJAY – Respondent


Advocates:
Counsel :
Ambrish Kumar Sharma, Anurag Khanna and Pramod Jain for the Applicant; Murlidhar, A.K. Pandey, P.K. Jain and Rahul Sahai for the Opposite Parties.

JUDGMENT

Hon’ble Prakash Krishna, J.—The present revision is at the instance of a defendant of J.S.C.C. Suit No. 7 of 1981 and is directed against the judgment and order dated 11th of January, 1991 passed by the IXth Additional District Judge, Meerut whereby the said suit for ejectment of the defendant who is applicant herein from the three shops has been decreed. The decree for recovery of Rs.13,600/- as arrears of rent for the period 23.1.1978 to 22.11.1980 and for mesne profit has also been passed. The claim for pendente lite and future mesne profit at the rate of Rs. 400/- per month has also been decreed subject to the payment of Court fees on the execution side.

2. The aforestated suit was instituted by four plaintiffs for ejectment of the defendant applicant from three shops situate in the property No.194, Delhi Road, Meerut on the allegations that the defendant is a tenant on a monthly rent of Rs. 400/- and is in arrears of rent from 1st of December, 1975 and has failed to pay the rent in spite of repeated demands, whose tenancy has been determined by a notice served on him on 23.10.1980. The plea of subletting of the shop was also raised. During the pendency of the suit the














































































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