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2016 Supreme(All) 897

PANKAJ MITHAL
HEERA LAL CHAURASIYA – Appellant
Versus
PRADEEP KUMAR CHAUDHARY – Respondent


Advocates:
Counsel :
Ramendra Asthana, V.S. Kushwaha and Veer Bhagat Singh Kushwah for the Petitioners; P.K. Jain, Manish Kumar Jain for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Sri Ramendra Asthana, learned counsel for the petitioners. Sri P.K. Jain, Senior Counsel, assisted by Sri Manish Kumar Jain, has appeared for the contesting respondents.

2. The dispute is in respect of a shop between the owners and landlords on one side and the tenant on the other side.

3. The suit of the owners and landlords for rent eviction has been decreed by the Courts below whereupon this petition has been preferred by the tenant under Article 227 of the Constitution of India.

4. Sri Ramendra Asthana, learned counsel for the petitioner-tenants has raised three points; the first about the rate of the rent; the other about the validity of the notice determining the tenancy; and lastly that the trial Court has failed to formulate the points of determination prior to passing the final judgement.

5. He adds that the same revisional Court in similar circumstances where points of determination were not framed prior to passing the final judgement had remanded the matter, but in the present case it has been dismissed.

6. Sri P.K. Jain, in response, has submitted that all the three arguments advanced on behalf of the petitioners-tenants have been






















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