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2016 Supreme(All) 738

MANOJ MISRA
ASHISH – Appellant
Versus
SALEEM – Respondent


Advocates:
Counsel :
Satish Mandhyan, B.D. Mandhyan and Om Prakash for the Revisionist; Tapan Kumar Mishra and Utpal Chaterji for the Opposite Party.

JUDGMENT

Hon’ble Manoj Misra, J.—This is defendant’s revision against the judgment and decree dated 5.2.2016 passed by the Additional District Judge, Court No. 18, Meerut in SCC Suit No. 10 of 2013 (hereinafter referred to as the suit) by which the plaintiff’s suit for possession after eviction of the defendant and for payment of arrears of rent and damages has been decreed.

2. The suit was instituted, inter alia, for possession; recovery of arrears of rent for the period up to 30.12.2012; and for damages at the rate of Rs. 150/- per day with effect from 31.12.2012 up to the date of delivery of possession by the plaintiff-respondent against defendant-revisionist alleging that the plaintiff was exclusive owner-landlord of the shop in dispute of which the defendant was a tenant on rent of Rs. 2,500/- per month, inclusive of water tax and house tax. It was pleaded that the tenancy was a month to month tenancy commencing from the first day of the month and terminating on the last day of the month and as the rent was higher than Rs. 2,000/- per month, the provisions of U.P. Act No. 13 of 1972 were not applicable. It was pleaded that the defendant-revisionist had paid rent only up to the












































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