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2014 Supreme(All) 104

SIBGHAT ULLAH KHAN
Shambhoo Nath – Appellant
Versus
IIIrd Addl. District Judge & Others – Respondent


Advocates:
For the Petitioner: H.S.Sahai,G.M.Kamil,J.C.Srivastava
For the Respondent: C.S.C.,S.K.Mehrotra,Sagheer Hasan

Sibghat Ullah Khan,J.

At the time of hearing, no one appeared on behalf of landlords contesting respondents. Accordingly, only the arguments of Sri G.M. Kamil, learned counsel for tenant petitioner were heard.

2. Landlady Smt. Kaniz Fatima Bibi, original opposite party No.2 since deceased and survived by legal representatives filed two SCC suits against two tenants. Number of the suit filed against the petitioner of this writ petition was S.C.C. Suit No.10 of 1982, Kanij Fatima Vs. Shambhu Nath. S.C.C. Suit No.9 of 1982 was filed by the same landlady against Jagdish Prasad, tenant of the adjoining accommodation. Property in dispute is a shop. Both the suits were dismissed by Munsif, Akbarpur, Faizabad exercising power of J.S.C.C. on 23.08.1984. Landlady filed two revisions against the said judgments being Civil Revisions No.165 and 167, both of 1984. Number of the revision filed against the petitioner was 167 of 1984. Both the revisions were allowed on 22.08.1986 and the suit of the plaintiff for eviction was decreed in each case. The number of the writ petition filed by Jagdish Prasad was Rent Control No.8870 of 1986. The said writ petition was heard by me. Initially both the writ















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