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2016 Supreme(All) 3391

DEVENDRA KUMAR UPADHYAYA
Vinod Kumar Pandey – Appellant
Versus
Additional District Judge Lucknow – Respondent


Advocates Appeared:
For the Petitioner:- Amrendra Nath Tripathi, Advocate.
For the Respondent:- Manish Kumar,Gopal Trivedi, L.K. Tripathi and Lalit Kishore Pandey, Advocates.

JUDGMENT

Devendra Kumar Upadhyaya, J. –

Heard learned counsel appearing for the respective parties.

2. This is a tenant's petition which has arisen out of ejectment proceedings initiated by the landlord of the premises in question on two grounds, namely, (1) on the ground of default and (2) on the ground of structural alteration.

3. A suit for ejectment and arrears of rent and damages was filed, which has partly been decreed by the Judge, Small Cause Court by means of judgment and order dated 23.03.2010, against which, petitioner preferred a SCC Revision, which too has been dismissed by means of judgment and order dated 01.03.2011, passed by the revisional court. These judgments dated 23.03.2010 and 01.03.2011 are under challenge in this petition.

4. The dispute relates to a shop in House No. 9A, Havelock Road, District Lucknow. The plaintiffs are joint owners and landlords. The shop is situated on the ground floor of the house which was rented on monthly rent of Rs. 300/- per month. The suit was filed with the assertion that the petitioner had defaulted in making the payment of rent from 01.07.2006 to 31.08.2007 and further that he has also failed to pay the water tax and sewer charges





































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