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2013 Supreme(All) 1571

SUDHIR AGARWAL
VISHNU KUMAR – Appellant
Versus
JUDGE SMALL CAUSES COURT/ADDITIONAL CIVIL JUDGE, JHANSI – Respondent


Advocates Appeared:
Ravi Kant and S.K. Garg for the Petitioner; B.N. Singh, Ashish Gupta, H.C. Mishra and Prakash Gupta for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—The writ petition is directed against the order dated 17th October 2005, passed by Additional District Judge/Special Judge, SC/ST Act, Jhansi, allowing SCC Revision No. 192 of 2004, filed by respondent No. 2 and setting aside order dated 19.11.2004 passed by /Small Causes Court in Execution Case No. 4 of 1987.

2. The facts in brief giving rise to the present writ petition may be summarized as under:

3. The dispute relates to house No. 208-C/3 Jhokan Bagh, Civil Lines, Jhansi. Respondent Nos. 3 to 5, namely Smt. Kamla Devi, Smt. Usha Agrawal, Smt. Anjali Agrawal and one Sri Babu Lal Garg, father of petitioner (now deceased), claimed to be owners and landlord of the house in dispute. Earlier, one Ramesh Chandra Agrawal was tenant in the aforesaid house. Petitioner’s father (Late) Babu Lal instituted SCC suit No. 14 of 1983, seeking ejectment of the then tenant Sri Ramesh Chandra Agrawal. The parties entered into a compromise as a result whereof, the suit was decreed, vide a compromise decree 4.10.1985. The erstwhile tenant Ramesh Chandra Agrawal, it was alleged, did not honour compromise decree and committed breach, by handing over possession of dis























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