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2015 Supreme(All) 2472

MAHENDRA DAYAL
Jai Prakash (Jai Prasad) – Appellant
Versus
Special Judge (P. C. Act) Lucknow – Respondent


Advocates Appeared:
For the Petitioner:- R.K. Sharma
For the Respondent:- Manish Kumar,Pulkit Misra,Sunil Gupta,Virendra Mishra

JUDGMENT

Mahendra Dayal,J.

Having lost from both the courts below, the tenant-petitioner has filed this writ petition assailing the judgment and decree passed by the Judge Small Causes, Lucknow in S.C.C. Suit No.47 of 2005 whereby the suit for recovery of arrears of rent and ejectment was decreed and the judgment and order dated 25.08.2012 passed by the Special Judge, Lucknow in S.C.C. Revision No.78 of 2010 whereby the revision was dismissed.

2. The opposite party no.3 landlord filed a suit against the petitioner with the allegation that he purchased House No.417/11 Municipal No.279/93 known as Bashir Building situated at Canal Road, Pandariba, Lucknow from Mohd. Aslam Siddiqui by means of registered sale-deed dated 04.02.1995. The petitioner was tenant in a room situated on the ground floor of the said house. The opposite party no.3, who is the landlord informed the petitioner that he had purchased the house to which the petitioner stated that he had sublet the room under his tenancy to Smt. Malti Sharma and Pradeep Sharma and had also been receiving rent from them @ Rs.125/- per month. The opposite party no.3 filed S.C.C. Suit No.59 of 1998 before the Judge Small Causes Court, Luck
















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