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2013 Supreme(All) 95

SUDHIR AGARWAL
KAILASH NATH – Appellant
Versus
XTH ADDITIONAL DISTRICT JUDGE, GORAKHPUR – Respondent


Advocates Appeared:
S.K. Rai for the Petitioner; C.S.C., A.K. Srivastava, Arvind Srivastava and Neeraj Sharma for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Salil Kumar Rai, learned counsel for the petitioner and Sri Arvind Srivastava, learned counsel for the respondents.

2. This is a tenant’s writ petition. Facing ejectment from property let out to him, pursuant to judgment dated 6.9.1994 (Annexure 7 to the writ petition), passed by Small Cause Court, Gorakhpur in S.C.C. Suit No. 6 of 1988 and judgment dated 31st August, 1999 (Annexure 9 to the writ petition) passed by Revisional Court i.e. Xth Additional District Judge, Gorakhpur dismissing petitioner’s revision No. 205 of 1994, he has invoked jurisdiction of this Court under Article 226/227 of the Constitution with a prayer for issuance of writ of certiorari for quashing the aforesaid two judgments.

3. By way of amendment, petitioner has also assailed the order dated 23rd August, 1994 whereby application 81C for recall of order dated 15.10.1993 was rejected.

4. The dispute relates to house No. 2/47 situate at Mohalla Raghav Nagar, Deoria. Initially one Lallan Prasad was the owner of property in dispute. The petitioner claimed that Sri Lallan Prasad executed an agreement for sale, dated 8.9.1978, with Smt. Surati Devi, wife of petitioner (























































































































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