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2017 Supreme(All) 1170

SURYA PRAKASH KESARWANI
ALOK KUMAR KAUSHIK – Appellant
Versus
O. P. SHAH – Respondent


Advocates:
Counsel :
Anil Tiwari for the Revisionist; Kunal Ravi Singh and Manjari Singh for the Respondents.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Anil Tiwari, learned counsel for the defendant-revisionist and Sri Rahul Jain, holding brief of Sri Kunal Ravi Singh, learned counsel for the plaintiffs-respondents.

2. This revision under Section 25 of the Provincial Small Cause Courts Act, 1887, has been filed praying to set aside the judgment and decree dated 31.8.2016, in SCC Case No. 19 of 2008 (O.P. Shah and another v. Alok Kumar Kaushik), passed by the Special Judge (E.C. Act)/Additional District Judge, Ghaziabad.

Facts

3. Undisputedly, the plaintiffs-respondents are the owner and landlord of the House No. 2/416, Chiranjeev Vihar, Ghaziabad, in which the defendant-revisionist was inducted as tenant w.e.f. 10.10.2004. According to the defendant-revisionist, the tenancy was orally made for a period of eight years on a monthly rent of Rs. 2500/- for one year and thereafter Rs. 2600/- per month. According to the plaintiffs-respondents, the tenancy was only for ten months. It was alleged by the plaintiffs-respondents that the defendant-revisionist has a residential plot in the vicinity of the disputed house and he took the disputed house on rent on the undertaking that he shal








































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