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2011 Supreme(All) 1222

RAKESH TIWARI
Saleem Mohd – Appellant
Versus
Sangeeta Agarwal – Respondent


JUDGMENT

Hon. Rakesh Tiwari, J.

Heard counsel for the petitioner and perused the record.

2. Counsel for the petitioner states that controversy involved in the present petition as well as Writ Petition No. 22131 of 2011, Anoop Singh Vs. Smt. Sangeeta Agarwal and others, is identical, hence both the petitions are connected and are being disposed of by this common judgment.

3. The petitioner has prayed for quashing of the orders dated 7.9.2010 and 24.3.2011 appended as annexure no. 4 and 8 respectively to the writ petition. A writ in the nature of mandamus is also prayed for commanding the respondents not to give effect to the aforesaid orders and restore possession of the petitioner in the shop in question.

4. Brief facts of the case are that landlady respondent claiming herself to be owner of the shop under tenancy of the petitioner, filed SCC suit no. 102 of 2003, Smt. Sangeeta Vs. Sri Saleem Mohd, for eviction of the petitioner from the shop in dispute and arrears of rent amounting to Rs. 4305.28P. alongwith future pendentelite and interest at the rate of 18% per annum. The petitioner contested the suit by filing written statement. The trial court after considering the arguments a


















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