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2014 Supreme(All) 1268

SHASHI KANT GUPTA
KUNWAR BAHADUR SINGH – Appellant
Versus
U. P. STATE AGRO INDUSTRIAL CORPN. LTD. – Respondent


Advocates:
Counsel :
Ajay Kumar Singh, Ashish Kumar Singh and Brijesh Chandra Naik for the Revisionist; Ved Byas Mishra for the Opposite Parties.

JUDGMENT

Hon’ble Shashi Kant Gupta, J.—This civil revision under Section 25 of the Provincial Small Cause Courts Act has been filed against the judgment and order dated 31.3.2012 passed by the Additional District Judge, Court No. 5, Varanasi in SCC No. 55 of 2010, Kunwar Bahadur Singh v. U.P. State Agro Industries Corporation Ltd. and another, whereby the suit filed by the plaintiff-revisionist for arrears of rent and ejectment has been dismissed.

2. Brief facts of the case are as follows;

Plaintiff-revisionist filed a SCC Suit No. 55 of 2010 for arrears of rent & ejectment of the defendant-respondents from the premises in question, claiming arrears of rent at the rate of Rs. 4,000/- per month from 1.8.2009 to 30.5.2010 to the tune of Rs. 40,000/- as well as damages along with interest pendente lite for use and occupation of the disputed premises from 1.6.2010 till the delivery of the possession. The said suit was filed after the issuance of notice under Section 106 Transfer of Property Act whereby the tenancy was terminated. The receipt of the said notice has not been denied by the defendant-respondents. Pleadings were exchanged between the parties and evidences were adduced. It is





















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