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1979 Supreme(All) 10

K.C.AGRAWAL
Maqsood Ali – Appellant
Versus
Shamsher Khan – Respondent


Advocates:
S. N. Varma, for Applicant.

ORDER :- This revision is directed against a judgement of the Judge Small Cause Court dated 27-4-1975 decreeing the suit of the plaintiff-opposite party for ejectment of the defendant-applicant and for recovery of the arrears of rent.

2. Suit No. 325 of 1973 had been filed by the plaintiff-opposite party for ejectment of the defendant. The plaintiff claimed that he was the Mutwalli, Manager and Administrator of the Waqf Property No. 8/538 Takia Wazirshah, Hing-Ki-Mandi Agra and that the defendant was the tenant of one of the shops of the aforesaid property on a monthly rent of Rs. 8/-. The plaintiff claimed that as the defendant had not paid the rent despite the service of the notice of demand he was liable to ejectment.

3. The suit was contested by the defendant. In paragraph 1 of the written statement he alleged that the plaintiff was neither the Mutwalli, Manager nor the Administrator of the property in suit and that the Property was not a waqf property. The defendant also claimed that he was not a tenant on behalf of the plaintiff.

4. During the pendency of the suit an application was filed by the plaintiff-opposite party for striking off the defence on the ground that as the defe









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