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2012 Supreme(All) 2270

SUDHIR AGARWAL
New Sarkar Beedi Factory, Amroha and Others – Appellant
Versus
Sabir Ali and Others – Respondent


Satish Mandhayan, B. D. Mandhyan, Advocates, for the petitioner

Sudhir Agarwal, J.:—

1. The petitioners filed S.C.C. Suit No. 8 of 1997 in the Court of Civil Judge (Senior Division), Badaun/Judge Small Cause Court for ejectment of defendants-respondents and recovery of arrears of rent. The suit was dismissed by Trial Court vide judgment dated 25.09.2001 on various grounds, namely, the firm is not registered hence has no right to file suit; and, that the notice sent to tenant determining vacancy was invalid and that there is no default in payment of rent on the part of tenants. The aforesaid judgment has been confirmed in Revision No. 76 of 2001 which was dismissed by Revisional Court vide judgment dated 29.07.2011.

2. The facts, in brief, are that the petitioners filed Small Cause Suit No. 8 of 1997 against the defendant, Sabir Ali son of Zafar Ali for his ejectment and recovery of rent/damages. The dispute relates to a building, i.e., a shop situated at Mohalla Sarai Chaudhary, Badaun. The property in dispute was purchased vide registered sale deed dated 10.11.1995 and 14.11.1995 by Sri Adil Parvez and Sri Sajid Parvez in the capacity of partners of M/s New Sarkar Beedi Factory (claimed to be a registered partnership firm), i.e., petitioner no.















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