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1998 Supreme(All) 461

O.P.GARG
SHIV CHARAN DASS – Appellant
Versus
UJAGAR MAL – Respondent


Advocates Appeared:
P.K.Jain, PRAMOD JAIN,

O. P. GARG, J.

This is defendants revision application under Section 25 of the Provincial Small Causes Courts Act against the judgment and decree dated 24-4-1987 passed by Sri Brij Mohan Joshi, the then IXth Additional District Judge, Meerut.

2. Briefly stated, the facts of the case are that late Ujagar Mal Jain instituted SCC Suit No. 58 of 1978 for the relief of possession after ejectment of deceased defendant No. 1-Asha Ram (whose legal heirs are defendant-opposite party Nos. 2/1 to 2/5) and the alleged sub-tenant-Shiv Charan Das, the present defendant-revisionist, from a shop situate in Mandi Ghanshyam Ganj, Quasba Baraut Tahsil Baghpat in district \meerut and for recovery of arrears of rent and mesne profits. It was alleged that late Asha Ram- defendant No. 1 was the tenant of the disputed shop at a monthly rent of Rs. 200/- and that he had failed to pay rent w. e. f. 1-4-1975 onwards, and has also il legally sub-let the shop to Shiv Charan Das- defendant No. 2. The shop was said to have been constructed in the year 1973 and consequently it was alleged that the provisions of the U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (hereinafter referred t





























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