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2016 Supreme(All) 3357

SURYA PRAKASH KESARWANI
Genda Lal – Appellant
Versus
Chhedi Lal – Respondent


Advocates Appeared:
For the Petitioner:- Devendra Pratap Singh and Bhupendra Nath Singh, Advocates.

JUDGMENT

Surya Prakash Kesarwani, J. –

Heard Sri Bhupendra Nath Singh, learned counsel for the petitioner.

2. This writ petition has been filed praying for the following relief: -

"I. Issue appropriate writ or order or direction quashing the impugned judgement and decree dated 15.12.2015 passed by learned IX- Additional District Judge, Kanpur Nagar in S.C.C. Revision No. 109 of 2012 (Genda Lal v. Chhedi Lal) and the judgement and decree dated 17.11.2012 in Case No. 307 of 2006 (Chhedi Lal v. Genda Lal) passed by Rent Control Tribunal, Kanpur Nagar.

II. Issue any other appropriate, writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances.

III. Award suitable cost of the petition to the petitioner."

3. The submission of the learned counsel for the petitioner-tenant is as under: -

(i) The Judge Small Causes Court has not recorded any finding on issue No. 1.

(ii) The plaintiff-respondent is the landlord of the tenanted property and as such the impugned judgement dated 17.11.2012 passed by the Judge Small Causes Court as well as impugned judgement dated 15.12.2-15 passed in S.C.C. Revision No. 109 of 2012 are wholly arbitrary and illegal.

(iii) No valid noti













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