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2012 Supreme(All) 3122

SUDHIR AGARWAL
RADHA DEVI – Appellant
Versus
SPECIAL JUDGE GHAZIPUR – Respondent


Advocates:
Counsel :
K.S. Rathor, K. Ajit and K.N. Rai for the Petitioner; C.S.C., Namwar Singh and Sanjiv Singh for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri K.S. Rathor, learned counsel for the petitioner, Sri Sanjiv Singh, learned counsel for respondent Nos. 2 and 3 and perused the record.

2. The petitioner is aggrieved by judgment and order dated 1.9.2001 (Annexure 8 to the writ petition) passed by Special Judge (Narcotics) II, Ghazipur whereby it has allowed landlord’s S.C.C. Revision No. 1 of 2001 after setting aside Trial Court’s judgment dated 30.3.2001. It has decreed the suit filed by respondent-landlord which has resulted in ejectment of petitioner from accommodation in question.

3. The dispute relates to a house situated at Mohalla Chehallumpura, Ghazipur. The respondent Nos. 2 and 3 preferred S.C.C. Suit No. 49 of 1981 in the Court of Small Cause, Ghazipur vide plaint dated 5.5.1981 alleging that they are owners of disputed house and petitioner is a tenant therein but has committed default in payment of rent and therefore, she is liable for ejectment.

4. The case set up by respondent Nos. 2 and 3 was that Sri Kashi Nath @ Kashi husband of petitioner was a tenant in lower portion of disputed building on a monthly rent of Rs. 20/- which was enhanced to Rs. 30/- in 1964. Besides hous



























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