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1996 Supreme(All) 1455

S.P.SRIVASTAVA
Mohd. Siddiq – Appellant
Versus
IInd Addl. District Judge – Respondent


Advocates appeared:
Z.Jilani, P.K.Khare

Judgment :

S. P. Srivastava, J.

1. FEELING aggrieved by an order dismissing the revision of the petitioner-tenant filed by him under Section 25 of the Provincial Small Cause Courts Act, affirming the decree of the trial court for his ejectment from the premises in dispute and recovery of arrears of rent for damages for use and occupation, he has now approached this Court seeking redress praying for the quashing thereof.

2. I have heard Sri Z. Zilani, learned counsel for the petitioner and Sri P. N. Khare, learned counsel for the contesting respondents and have carefully perused the record.

The facts in brief shorn of details and necessary for the disposal of this case, lie in a narrow compass. The plaintiff respondents had filed a suit praying for a decree of ejectment of the defendant from the premises in dispute under his tenancy. It was alleged that the said premises had been let out on a rental of Rs. 15 per month which was lying In arrears since 4.11.1974. It was further claimed that in spite of notice dated 5.6.1980, the defendant had neither paid the arrears nor vacated the premises In dispute.

3. THE aforesaid suit was contested by the defendant petitioner on various grounds


















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