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2003 Supreme(All) 1562

S.U.KHAN
RAM KISHAN – Appellant
Versus
VIITH ADDITIONAL DISTRICT JUDGE GHAZIABAD – Respondent


Advocates Appeared:
Ravi Kant, S.A.Gilani,

S. U. KHAN, J.

This writ petition has been filed by the tenant. Suit of the landlord-respondent No. 3 for ejectment has been decreed against the petitioner by both the Courts below only on the ground of damage to the building and structural changes alleged to have been made by him as defined under Section 20 (2) (c) of U. P. Act No. 13 of 1972. The Suit was numbered as S. C. C. Suit No. 62 of 1983 and was decreed on 14-5- 1986 by J. S. C. C. , Ghaziabad (Annexure-1 to the writ petition ). The Revision filed by the tenant was registered as S. C. C. Revision No. 69 of 1986 and was dismissed on 3-11-1987 by VIIth Additional District Judge, Ghaziabad, copy of which is Annexure-2 to the writ petition. The finding with regard to the changes introduced by the tenant is that he has constructed a show case in the veranda in front of the shop which is affixed in partition wall through screws and it cannot be removed without opening the screws and has placed a wooden partition frame which is affixed through screws. Both the Courts below have held that it is immaterial whether structure raised is of temporary or permanent nature. The trial Court has placed reliance upon 1969 ALJ Page 477 and t
















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