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2016 Supreme(All) 3627

SUDHIR AGARWAL
Ashraf – Appellant
Versus
Kailash Prasad (Since Dead) – Respondent


Advocates Appeared:
For the Revisionist :- M.K. Gupta
For the Opposite Party :- Santosh Kr. Mishra, Janardan Yadav, R.C. Singh, Ramesh Kumar Singh

JUDGMENT

Sudhir Agarwal, J.

1. Heard learned counsels for parties and perused the record.

2. This Revision under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the "Act, 1887") has arisen from judgment and decree dated 22.04.2009 passed by Sri N.L. Agarwal, District Judge, Deoria decreeing SCC Suit No. 5 of 1986.

3. Plaintiffs-respondents instituted the aforesaid suit for recovery of rent and eviction of defendant-revisionist from Shop No. 105 of 2004 boundaries whereof were given at the bottom of plaint. The shop is situated at Bajaji Road, Nagar Palika Ward No. 7, Deoria.

4. The only argument advanced before this Court is that no notice determining tenancy or demanding rent was served upon defendant-revisionist and in that view of matter, suit could not have been decreed and Court below has erred in law in drawing a presumption of service against revisionist merely on the basis of the address mentioned in the carbon copy of notice and this approach on the part of Court below is patently illegal.

5. Plaintiffs stated that notice was served upon defendant-revisionist by registered post dated 17.08.1985, a copy whereof has been placed on record befo














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