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2008 Supreme(All) 2830

V.K.SHUKLA
BRIJ BHUSHAN MISHRA – Appellant
Versus
SURITA SARBABDHIKARI – Respondent


Advocates:
Krishna Ji Khare,

V. K. SHUKLA, J.

This is tenants writ petition questioning the validity of the decision dated 7. 9. 2004 passed by the Judge Small Causes, Allahabad in SCC Suit No. 139 of 1999 decreeing the suit for eviction and order of its affirmance in J. S. C. C. Revision No 685 of 2004 passed by the Additional District Judge, Court No. VIII, Allahabad.

2. In Civil Misc. Writ Petition No. 49844 of 2008 tenant has questioned the validity of the order dated 17. 9. 2008 wherein application for staying the execution of the decree has been rejected as being not maintainable.

3. Brief background of the case is that late Brij Bhushan Mishra has been tenant of the ground floor of House No. 257/127, Mohatsimganj, Allahabad. Original landlord of the said premises in question was Yogendra Kumar Vasnney and said Yogendra Kumar Vashney sold the house in question to one Harish Mathur who had filed release application under section 21 (1) (a) of U. P. Act No. 13 of 1972. During continuance of the aforementioned proceedings, property in question including property in tenancy of the petitioner was sold by erstwhile landlord vide registered sale deed dated 18. 6. 1999, in favour of Smt. Sunta Sarbadhikari and S










































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