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2014 Supreme(All) 2818

ANIL KUMAR
Usha Singh – Appellant
Versus
Gyan Perkash – Respondent


Advocates Appeared:
For the Appellant : Nalin Kumar Sharma

JUDGMENT

Anil Kumar, J. –

Heard learned counsel for the appellant and perused the record.

2. Facts in brief of the present case are that the plaintiff-appellant filed a suit for permanent injunction that on 1.8.1992 respondents have let out the House no.18-5/396 situated Mohalla Jawahar Ganj, Kasba, Tehsil-Hapud, District-Gaziabad which consists of two rooms and the rent @ Rs.200/- per month has been paid by her uptill 30.06.2005. Thereafter, as per the oral settlement between the parties, the defendants had agreed to sell the house in question to her.

3. On the basis of the averment as made in the plaint, a Regular Suit No.173 of 2005 has been registered before the Civil Judge (J.D.), Hapud, dismissed by order dated 28.05.2013 with a cost of Rs.3000/-.

4. Aggrieved by the said order, the plaintiff-appellant filed an appeal registered Civil Appeal No.125 of 2013 (Smt. Usha Singh vs. Gyan Prakash and other), also dismissed by judgment and decree dated 2.7.2014.

5. Aggrieved by the said order, the present second appeal has been filed by the plaintiff-appellant under Section 100 , C.P.C.

6. Learned counsel for the appellant has pressed the appeal mainly on the substantial question of l





















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