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2004 Supreme(All) 480

S.U.KHAN
Babu Ram (D) through L. Rs. – Appellant
Versus
Special Judge/Additional District Judge, Bijnor – Respondent


Advocates:
Counsel for the Petitioner: N. K. Srivastava, Neeraj Agrawal and K. M. Dayal.
Counsel for the Respondents: M. K. Gupta and S.C.

JUDGMENT

S. U. Khan, J.—This is tenant’s writ petition arising out of suit (S.C.C. Suit No. 6 of 1991) filed by landlord-respondent against him for ejectment from the tenanted accommodation and for recovery of arrears of rent and damages for use and occupation. The ejectment was sought on the ground of default and material alteration. The suit was decreed and revision of the tenant was dismissed against which tenant-petitioner filed Writ Petition No. 38691 of 1996. The said writ petition was allowed on 3.12.1996 and the matter was remanded to J.S.C.C. to decide as to whether deposits made by the tenant under Section 30 of U., P. Act No. 13 of 1972 (hereinafter referred to as the Act) were validly made or not and whether constructions and alterations made by tenant disfigured the building and diminished its value and utility. After remand J.S.C.C., Bijnor again decreed the suit on 2.4.1997. Revision filed against the same being Revision No. 25 of 1997 has also been dismissed on 15.10.1998 by Special Judge/Additional District Judge, Bijnor hence this writ petition.

2. According to the plaint rate of rent is Rs. 50 per month and apart from that tenant is also liable to pay house tax a

















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