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2012 Supreme(All) 2605

SUDHIR AGARWAL
MISHRI LAL KARAK – Appellant
Versus
DINESH CHANDRA AGARWAL – Respondent


Advocates:
Counsel :
Kshitij Shailendra, Shailendra Kumar Johri and Arvind Srivastava for the Petitioner; A.K. Gupta, Ravi Kant, Swapnil Kumar, M.K. Gupta and S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—These two writ petitions and the second appeal relate to the same property. The parties are also common.

2. The second appeal has been nominated to this Court by Hon’ble Chief Justice’s order dated 31.8.2012 passed in Writ Petition No. 12809 of 2003.

3. Since pleadings are complete, as agreed and requested by learned counsel for the parties, I have heard all these cases together and proceed to decide the same by this common judgment.

4. Sri Kshitij Shailendra, Advocate has appeared on behalf of petitioner as well as appellant, the same person, namely Mishri Lal Karak, Son of Shri Sito Karak (hereinafter referred to as “petitioner”). Sri Ravi Kant, Senior Advocate assisted by Sri Swapnil Kumar has put in appearance on behalf of Sri Dinesh Chandra Agrawal, respondent No. 3 in the second appeal and respondent No. 1 in both the writ petitions (hereinafter referred to as “respondent-landlord”).

5. The dispute relates to a house measuring about 200 sq. yards situated at Mohalla Azad Road, Chandausi. It was owned by Sri Kunj Bihari Lal and his wife Smt. Angoori Devi. The petitioner came to be inducted as tenant sometimes in 1991 and started paying rent t










































































































































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