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1994 Supreme(All) 643

S.N.AGGARWAL
Kailash Devi – Appellant
Versus
Ivth A D J Allahabad – Respondent


Advocates Appeared:
Vijai Bahadur,

JUDGMENT : -

Sudhir Narain, J.

The petitioner has challenged the order dated 1-9-1981 passed by IVth Additional District Judge, Allahabad whereby he allowed the revision against the order of the Judge Small Causes, Allahabad.

2. THE facts in brief, are that the petitioner is the landlord and owner of House No. 670 Muthiganj, Shraiya, Allahabad and respondent No. 2 is tenant of the ground floor portion of the aforesaid house.

The petitioner filed Suit No. 50 of 1979 on 11-1-1979 in the Court of Judge Small Causes, Allahabad against respondent No. 2 claiming arrears of rent with effect from 1st December, 1976. He claimed monthly rent of the disputed accommodation at Rs. 100 plus Rs. 20 per month as electric charges The summons was issued to respondent No. 2 and the first date of hearing was 16th April, 1979. On the said date respondent No. 2 filed a written statement and further deposited a sum of Rs. 1910. In the written statement he alleged that he had already deposited a sum of Rs. 1187 and an amount of Rs. 1910 was being deposited thus the total amount comes to Rs. 3,097 while according to the claim of the tenant the total amount till 16th April, 1979 was Rs. 3,070 and Rs. 27 was i



















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