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2011 Supreme(All) 2769

ABHINAVA UPADHYA
Raj Kumar Makhija and others – Appellant
Versus
S. K. S. and Co. and others – Respondent


Advocates:
P.C.Jain, Advocate, for the petitioner, Satish Mandhyan, Advocate, for the respondent.

Abhinava Upadhya, J.-

The present revision has been filed against the order dated 18.8.2011 passed by the Additional District Judge, Agra in Civil Misc. Case No. 65 of 2010 by which the application of the revisionists filed under Order IX Rule 13 CPC for setting aside the ex parte decree dated 6.9.2002 in SCC Suit No. 8 of 2000 (S.K.& Company and others Versus Raj Kumar Makhija & others) has been rejected.

2. Heard Sri P.C.Jain, learned counsel for the revisionists-applicants and Sri B.D.Mandhyan, learned Senior Counsel appearing for the respondents.

3. It is alleged that the revisionists are the tenants in occupation of a portion of property known as Tara Niwas, Belan Ganj, Agra bounded on East-Common Passage, West-Open land, North-Garage in the tenancy of M/s Punni Mal Duli Chand and South-Office in the tenancy of Sri Bhajan Lal at a rent of Rs. 700/- per month since the time of their predecessor Late Sri Kali Charan Makhija.

4. It is alleged that the landlord-respondents filed SCC Suit No. 8 of 2000 (M/s. S.K. & Company and others Vs. Raj Kumar Makhija and others) against the applicants for ejectment and arrears of rent. The said suit was instituted on 17.4.2000 in the court of Dist
















































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