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2013 Supreme(All) 2662

DEVENDRA KUMAR UPADHYAYA
Roop Rani Awasthi – Appellant
Versus
Prem Kumari – Respondent


Advocates:
For Revisionist :- Shafiq Mirza
For Opposite Party :- Purushottam Awasthi

Devendra Kumar Upadhyaya,J.

This revision petition under Section 25 of Provincial Small Cause Courts Act has been preferred by the revision applicant-defendant against the order dated 24.09.2013 passed by Judge, Small Causes, Unnao in SCC Suit No. 1 of 2010 whereby application seeking amendment in the plaint moved by the opposite party-plaintiff was allowed.

2. The facts of the case, in short, are that the opposite party- plaintiff filed a SCC Suit for eviction and recovery of rent on 01.02.2010 with the allegations that plaintiff is the owner of four shops situate at house no.14/15, Rajdhani Marg, Kasba Shuklaganj, Nagar Palika Parishad, Gangaghat, Tehsil and District Unnao and that the defendant is the tenant of four shops since October, 1994 on monthly rent of Rs.2000/- and that since November, 2009 to January, 2010 the defendant has not paid rent as such she is liable to be evicted and further that a decree is also liable to be passed against her for payment of arrears of rent.

3. In para 3 of the plaint it was averred by the plaintiff that the space where at present four shops as described in para 1 of the plaint and another shop on the eastern side of the said four shops whic





































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