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2016 Supreme(All) 4076

SUDHIR AGARWAL
B. N. Bhargava (since deceased and substituted by legal heir) – Appellant
Versus
6th Additional District Judge, Saharanpur – Respondent


Advocates Appeared:
For the Petitioner: T.B. Pandey
For the Respondent: SC, Ajay Kumar Sharma, I.P. Singh

JUDGMENT

Sudhir Agarwal, J. -- Pursuant to order of date passed on Restoration Application, the writ petition is restored to its original number.

2. As requested and agreed by learned Counsels for parties, I proceed to hear and decide this matter finally.

3. Heard learned counsel for petitioner, learned Standing Counsel for respondents and perused the record.

4. This is landlord's Writ petition. Petitioner filed Small Cause Suit No. 52 of 1999 seeking ejectment from property in dispute, disclosed at bottom of plaint and recovery of arrears of rent on the ground of subletting and material alteration reducing value of property.

5. Suit was contested by defendants. Trial Court formulated following issues:

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"1. Whether the defendants have defaulted in payment of rent?"

%hnd1%^^2- D;k izfroknhx.k /kkjk 20 ¼4½ vf/kfu;e la[;k 13@1972 dk ykHk ikus ds vf/kdkjh gS\^^%hnd2%

"2. Whether the defendants are entitled to benefit from section 20 (4) of Act 13/1972?"

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"3. Whether the notice dated 16.02.1990 is illegal?"

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