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2015 Supreme(All) 1416

SUDHIR AGARWAL
K. K. KAMANI – Appellant
Versus
HARISH KUMAR – Respondent


Advocates:
Counsel :
Mahesh Chandra Gupta and Atul Dayal for the Revisionist; A.K. Srivastava, A.C. Tripathi, Arvind Srivastava, Ashok Kumar Srivastava and Vatsal Srivastava for the Opposite Parties.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—This revision at the instance of defendant-revisionist K.K. Kamani under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as “Act, 1887”) has arisen from judgment and decree dated 8th August, 2002 passed by Sri Gopal Krishna Chaturvedi, Additional District Judge, Court No. 8, Kanpur Nagar in Small Cause Suit No. 11 of 1998 (Harish Kumar and others v. K.K. Kamani). Trial Court has decreed the suit for recovery of arrears of rent of Rs. 1,08,000/-, damages of Rs. 30,200/- and mesne profit @ Rs. 3,000/- per month for the period suit remained pending till actual delivery of possession, with further direction to hand over vacant possession of disputed premises to plaintiff-respondents.

2. Dispute relates to house No. 117/580 (new No. 117/H-1/149), Pandu Nagar, Kanpur. Defendant-revisionist, was let out a part of the aforesaid house on ground floor comprising of a drawing room, three bedrooms, two kitchens, two latrines and bathroom.

3. Plaintiff-respondents instituted SCC Suit No. 11 of 1998 stating that aforesaid premises was let out to defendant-revisionist tenant on a monthly rent of Rs. 3,000/-. An agreement dated 9.9.








































































































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