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2014 Supreme(All) 1787

ANIL KUMAR
AMIT KUMAR – Appellant
Versus
PREM KUMAR GARG – Respondent


Advocates:
Counsel :
S.M.K. Chaudhary and Adnan Ahmad for the Revisionist; Shashi K. Sinha for the Opposite Parties.

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Sri S.M.K. Chaudhary, Senior Advocate assisted by Sri Adnan Ahmad, learned counsel appearing on behalf of revisionist, Sri Shashi K. Sinha, learned counsel appearing on behalf of auction purchaser and perused the record.

2. Sri Rajendra Kumar Sharma is the owner of the property situated at 1/107, Vijay Khand, Gomti Nagar, Lucknow (hereinafter referred as premisses in question) and Sri Amit Kumar/revisionist is tenant.

3. In the year 1999, landlord/Rajendra Kumar Sharma filed a suit registered as S.C.C. Suit No. 51 of 1999, for ejectment, rent and damages against the revisionist. During the pendency of the same, the premises was vacated by the revisionist and the possession given to landlord.

4. Thereafter by an order dated 29.1.2002, the suit was decreed for rent and dues for as Rs. 39000/- arrears and Rs. 13526 as electricity Bill /- against Sri Amit Kumar/revisionist. As the decree passed in the SCC suit has not been satisfied, so the landlord/Rajendra Kumar Sharma/decree-holder filed an execution Case No. 01/2002 (Rajendra Kumar Sharma v. Amit Kumar). In spite of the service of the notice in the execution case, the revisionist/Amit Kumar has



































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