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2012 Supreme(All) 1165

SHASHI KANT GUPTA
Gulfam – Appellant
Versus
Akhtari Begum and others – Respondent


Advocates:
B.D. Mandhyan, Advocate, for the petitioner, Santosh Kumar Advocate, for the respondents.

Shashi Kant Gupta, J.;-

1. This writ petition is directed against the order dated 23.7.2002 passed by Additional District Judge, Court No. 4, Agra in Revision No. 263 of 1997 (Gulfam Vs. Shaukat Hussain) and Revision No. 1 of 1998 (Shaukat Hussain Vs. Gulfam) and the order dated 6.11.1997 passed by Judge Small Cause Court, Agra whereby the suit filed for arrears of rent and ejectment was decreed.

2. Brief facts of the case as set out in the writ petition are as follows;

3. The predecessor-in-interest of the respondents namely Shaukat Hussain, filed a Suit No. 248 of 1992 against the petitioner for arrears of rent and ejectment from the shop in dispute on the ground of default in payment of rent as well as encroaching upon the adjoining shop illegally by breaking the wall between the two shops. The petitioner filed its written statement denying and disputing the allegations made in the plaint. The petitioner further denied the existence of relationship of landlord and tenant between the parties and claimed himself to be the owner of the shop on the basis of some agreement to sale alleged to have been executed by Shaukat Hussain in favour of the petitioner. The trial court after perusin


















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