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2015 Supreme(All) 3635

SUDHIR AGARWAL
Shiv Narayan Goswami – Appellant
Versus
Jagdish Prasad Gupta (Died) – Respondent


Advocates Appeared:
For the Revisionist : Arvind Srivastava
For the Opposite Party : S.C. Srivastava

JUDGMENT

Sudhir Agarwal, J.

Heard Sri Arvind Srivastava, Advocate for revisionist and Sri Arvind Srivastava, learned counsel appearing for respondents.

2. This revision, under Section 25 of the Provincial Small Causes Courts Act, 1887 (hereinafter referred to as the "Act, 1887"), has arisen from the judgment and decree dated 22.03.2005 passed by Sri Arun Kumar Gupta, Additional District Judge, Court No. 1, Jhansi, decreeing SCC Suit No. 05 of 1998 granting decree of ejectment from disputed premises and recovery of arrears of arent and damages from defendant-revisionist.

3. The dispute relates to the House No. 1606/A, Nai Basti, Sushila Enclave, Gwalior Road, Jhansi, of which plaintiff-respondent, Jagdish Prasad Gupta (since deceased and substituted by his legal heirs), was the owner.

4. As per plaint case house was let out to defendant-revisionist on 10.11.1994 on a monthly rent of Rs. 2700/- for a period of three years. The defendant failed to pay rent despite repeated demand, hence a notice dated 18.11.1997 sent to defendant-revisionist which was returned with postal endorsement "Mila Nahi. Praptkarta Bahar Gaya Hai. Pata Nahi Kab Tak Wapis Aayega." Thereafter another notice dated





















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