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2014 Supreme(All) 822

SHABIHUL HASNAIN
KISHAN LAL GULATI – Appellant
Versus
LAKHI DARYANI – Respondent


Advocates:
Counsel :
Ratan Kant Sharma for the Revisionist; S.K. Mehrotra for the Opposite Parties.

JUDGMENT

Hon’ble Shabihul Hasnain, J.—Heard Sri Ratan Kant Sharma learned counsel for the revisionist and Sri S.K. Mehrotra for the opposite parties.

2. Revisionist is the owner and landlord of Building No. 6-A, Pratap Market, Aminabad, Lucknow. He let out a shop consisting of Ground Floor and basement to the opposite party on a monthly rent of Rs. 900/- per month. Opposite party shifted his business to a shop in Pahwa Building, Pratap Market, Aminabad, Lucknow illegally and unauthorizedly sublet the shop in question to one Jai Kishan Daryani. Revisionist sent a notice on 16.6.2000 to the opposite party about his illegal subletting. In the month of June, 2007 the opposite party again illegally sublet the shop in question to one Kanhiya Hemwani on a monthly rent of Rs. 20,000/- p.m. and did not pay the rent to the revisionist from April, 2007. Revisionist sent a composite notice on 15.12.2009 terminating tenancy and demanding arrears of rent and damages for use and occupation. On 16.12.2009 the notice was duly served on the opposite party.

3. Revisionist filed S.C.C. Suit No. 9 of 2010, Kishan Lal Gulati v. Lakhi Daryani, before the District Judge, Lucknow on which order was passed t

















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