RAKESH TIWARI
NARESH CHANDRA GUPTA – Appellant
Versus
RAJENDRA MOHAN – Respondent
Heard Sri Komal Mehrotra for the petitioner and Sri P. K. Jain for the respondent.
2. This petition arises out of the judgment and order dated 24. 11. 2006, passed by the Additional District Judge XVI, Kanpur Nagar, Kanpur in S. C. C. Revision No. 1991 of 2005 and the judgment and order dated 29. 7. 2005, passed by the Judge, Small Cause Court, Kanpur Nagar, Kanpur in S. C. C. Case No. 35 of 2004.
3. By the judgment and order dated 29. 7. 2005 the Judge, Small Cause Court, Kanpur Nagar, Kanpur has decreed the suit against the defendant-petitioner-tenant to handover vacant possession of the premises in dispute to the plaintiff-respondent-landlord within 30 days holding the plaintiff to be entitled to receive Rs. 3,271 as arrears of rent and Rs. 588. 77 as taxes apart from Rs. 100 as costs.
4. By order dated 24. 11. 2006 the revisional court has partly allowed the revision filed by the petitioner by rejecting the revision in respect of his ejectment and modifying the judgment and decree of the trial court in respect of arrears of rent but maintaining the finding of default on the ground of arrears of rent.
5. The respondent is the owner and landlord of the premises i
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