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2014 Supreme(All) 1834

PANKAJ MITHAL
AJAY PURWAR – Appellant
Versus
SUMAN YADAV – Respondent


Advocates:
Counsel :
R.U. Ansari and Reyaz Ahmad for the Revisionist; Shiv Nath Singh, Pradeep Verma, Satyam Singh, Ravikant and Santosh Yadav for the Opposite Party.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Sri R.U. Ansari, learned counsel for the defendant-revisionist (tenant) and Sri Ravikant, Senior Advocate assisted by Sri Santosh Yadav, learned counsel for the plaintiff-respondent (landlady).

2. Counsel for both the parties agree for final disposal of the revision at the outset at the stage of admission by referring to the documents which have been annexed with the revision and stay application as well as the supplementary affidavit.

3. The suit of the landlady for eviction of the tenant from the shop in dispute which is situate on the ground floor of the house No. 89/A/1, North Malaka (wrongly mentioned as Hashimpur Road in paragraph 1 of the plaint), Allahabad has been decreed by the impugned judgment and order 28.10.2014 passed by the Additional District Judge in exercise of powers as a Small Causes Court.

4. The aforesaid shop was let out to the tenant under a registered agreement dated 17.1.2012 at a monthly rent of Rs. 15,000/- for a period slightly over 11 months. The said agreement is Annexure - 1 to the supplementary affidavit.

5. In view of the fact that the agreed rate of rent of the shop is Rs. 15,000/- per month, the provisions























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