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2008 Supreme(All) 134

O.P.SRIVASTAVA
GHULAM WARIS KHAN – Appellant
Versus
LT COL AJEET SINGH – Respondent


Advocates:
Mohd. Arif Khan, MOHIUDDIN KHAN, Siddharth Dhaon,

O. P. SRIVASTAVA, J.

( 1 ) THIS revision is directed against the judgment and decree dated 1. 9. 2007 decreeing the suit of plaintiff-opposite parties against defendant-revisionists for ejectment and arrears of rent.

( 2 ) THE plaintiff-opposite parties had filed a suit for ejectment of the defendant-revisionists from a part of H. No. 8/5 Vikramaditya Marg, Lucknow in their tenancy and arrears of rent.

( 3 ) PLAINTIFF-OPPOSITE parties case is that the defendants were tenants on monthly basis in the premises in question which is not governed by provisions of u. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act no. XIII of 1972), as the rent of the premises is more than Rs. 2,000/- per month. It was further alleged that as the tenants failed to pay rent since January, 2004, a notice was issued terminating their tenancy and demanding arrears of rent but they failed to vacate the premises and deliver possession to the landlords, hence the suit.

( 4 ) THE suit was contested by defendant-revisionists who did not dispute that the plaintiff-respondents are landlords of the premises in question but alleged that M/s. Transworld Export, of which Sri Ghulam Waris Khan






















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