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2012 Supreme(All) 2057

SUDHIR AGARWAL
Irshad Ahmad – Appellant
Versus
Garib Das Lahaoria (Since Deceased) & Others – Respondent


B.N. Agrawal, Sanjay Agrawal, Advocates, for the petitioner
A.N. Bhargava, C.S.C., for the respondent.

Hon'ble Sudhir Agarwal,J.

1. Heard Sri B.N.Agarwal, learned counsel for the petitioner and Sri A.N.Bhargav, learned counsel for the respondents.

2. The petitioner having lost in both the Courts below and is facing decree of ejectment and payment of arrears of rent has come to this Court assailing the Trial Court's judgment dated 05th May, 2000 in. S.C.C. Suit No.46 of 1990 and Revisional Court's judgment dated 7th August, 2001.

3. The respondent-landlord Garib Das Lahoria filed Original Suit No.96 of 1990 in the Court of Judge Small Cause, Jhansi against Irshad Ahmad (petitioner), Nisar Ahmad and Siraj Ahmad alleging that they are in default in payment of rent and therefore they should be evicted from House No.47 (new no.47, 47/1) Schoolpura, Prem Nagar Jhansi.

4. The petitioner filed written statement disputing his status as tenant in the premises in question and contended that the house in question was purchased by his father Shahadat Bux in an auction and petitioner has continued to occupy the said premises in the capacity of owner after death of his father. He disputed the very claim of respondent No.1 that he is owner of premises in question and also disputed existence of relation















































































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