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2018 Supreme(All) 1089

SURYA PRAKASH KESARWANI
VIJAY KUMAR AGARWAL – Appellant
Versus
SUBHASH CHAND – Respondent


Advocates:
Counsel :
Krishna Mohan Garg for the Petitioner.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Sri K.M. Garg, learned counsel for the landlord-decree holder.

2. As per office report dated 14.3.2018, notice upon the respondent No. 1 has been served on 24.2.2018. Thus, service of notice upon the respondent No. 1 is deemed sufficient. No one has appeared on behalf of the respondent No. 1.

3. Briefly stated facts of the present case are that the landlord-decree holder/petitioner filed SCC No. 10 of 2008 (Vijay Kumar Agarwal v. Subhash Chand and Haji Mundi @ Mahood Ali) on 24.4.2008 for eviction of the defendant-judgment debtor/respondent from the tenanted house bearing Municipal No. 103, Ward No. 5, Gali Ganga Sahai, Town Loni, Tehsil and District Ghaziabad. This house was originally owned by decree holder’s father Sri Dharam Pal who died on 23.3.1993 and the said property was inherited by his heirs being the decree holder and three daughters. It was alleged in the plaint that the defendant-judgment debtor/respondent No. 1 has defaulted in payment of rent. It appears that subsequently the Defendant/respondent No. 2 herein occupied the house as sub-tenant. In the aforesaid suit, both the defendants have appeared. As per order-shee














































































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