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2014 Supreme(All) 1085

SUDHIR AGARWAL
TAHIRA BEGUM – Appellant
Versus
Xth ADDITIONAL DISTRICT JUDGE, AGRA – Respondent


Advocates:
Counsel :
R.B.D. Mishra, A.K. Singh and Salil Kumar Rai for the Petitioner; C.S.C. and M.A. Qadeer for the Respondents.

Sudhir Agarwal, J.

1. This writ petition has arisen from the ejectment proceedings initiated by Sri Syed Rahman Ali, respondent No. 3 against Mohd. Ilias and others from House No. R-13/120 situate at Halqa Madan, Nai Ki Mandi, Agra wherein he succeeded before the Trial Court, i.e., Judge, Small Causes Court, who decreed SCC Suit No. 1473 of 1976 vide judgment and decree dated 22.2.1986. Thereagainst revision preferred by petitioner-tenant i.e., Civil Revision No. 14 of 1986 has been dismissed by the 10th Additional District Judge, Agra vide judgment and decree dated 26.7.1993. The facts in brief giving rise to the dispute in the present writ petition may be summarized as under:

2. The predecessors of petitioners namely Mohd. Siddiq and his wife Smt. Inayati Begum were owners in possession of the disputed premises. They lived throughout their life in the aforesaid accommodation and after their death, petitioners are continuously residing thereat. The petitioners' predecessors in interest got a loan from one Bashir Khan son of Nazeer Khan and mortgaged the disputed house in favour of the loaner so as to secure repayment thereof. Legal terminology used for the aforesaid transaction by t













































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