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1977 Supreme(All) 204

D.N.JHA
Shyam Manohar Lal – Appellant
Versus
4th Addl. Dist. and Sessions Judge – Respondent


Advocates:
H.D. Srivastava, for Petitioner; Sudhir Shanker, for the State.

ORDER :- This petition has been directed against the order dated 4-10-1974 passed by the IVth Additional District Judge, Kheri. It may be mentioned that there were three revisions relating to different subject-matters before the Additional District Judge, Kheri, and that is why three different sets of orders were passed although the subject-matter of the judgments is one and the same. These orders are contained in Annexures 4, 5 and 6.

2. facts in brief are that the petitioner was the landlord of the premises of which opposite party No. 3, District Agriculture Officer, Kheri, was the tenant. The petitioner filed a suit in the court of Munsif, Kheri, for ejectment of the opposite party, for arrears of rent and damages for use and occupation coupled with the prayer for ejectment. The suit was contested. Thereafter it was transferred to the Judge, Small Causes, in view of the amendment brought about by U. P. Act No. 37 of 1972 which came into force on 20-9-1972. The case came up for hearing and was fixed for 9-2-1973 before the Judge, Small Causes, and on that date opposite party No. 3 was not present, hence Sri V. V. Singh, Judge Small Causes, passed an ex parte decree for ejectment a












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