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2013 Supreme(All) 1003

SIBGHAT ULLAH KHAN
Shailesh Kumar and Another – Appellant
Versus
Mahendra Pratap Agarwal and Others – Respondent


Advocates:
For the Petitioner:- R.P.Singh
For the Respondent:- Brij Raj Tripathi

Sibghat Ullah Khan,J.

Heard learned counsel for both the parties.

2. This revision under Section 25, Provincial Small Causes Courts Act is directed against judgment and decree dated 03.10.2006 passed by J.S.C.C./ A.D.J./ Special Judge, S.C. & S.T. Act, Bahraich in S.C.C. Suit No.4 of 1997 dismissing the suit of the landlords applicants, which had been filed by them against tenants respondents for their eviction from the tenanted shop in dispute and for recovery of arrears of rent. Tenants respondents had deposited certain amounts in the suit. Through the impugned judgment, plaintiffs were permitted to withdraw the said amount.

3. Since before 1986, original defendant Smt. Savitri Agarwal (who died during pendnecy of the suit before the court below and was substituted by her legal representatives who are the respondents in this revision) was tenant of an old dilapidated shop on behalf of plaintiffs applicants. Landlords instituted Case No.21 of 1986 against her under Section 21(1)(b) of U.P. Act No.13 of 1972 for her eviction on the ground that the then tenanted shop was in dilapidated condition. The case was decided on the basis of compromise on 07.10.1986. It was agreed that tenan

























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