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2017 Supreme(All) 2473

VIVEK KUMAR BIRLA
Bano – Appellant
Versus
Ashad Ulla Khan (Since Died) – Respondent


Advocates Appeared:
For the Appellant :Ganesh Mani, Advocate

JUDGMENT :

Vivek Kumar Birla, J.

No one is present on behalf of the petitioner even in the revised call of supplementary fresh cases. Thrice on the request of learned counsel for the petitioner, the matter was deferred but today he is not present.

2. The present petition has been filed challenging the order dated 27.4.2015 passed by the Court of Additional Judge Small Causes Court No. 2, Kanpur Nagar in SCC Suit No. 267 of 2011 (Ashad Ullah Khan v. Smt. Bano) as well as impugned order dated 26.7.2017 passed by Additional District Judge, Court No. 15, Kanpur Nagar in Small Causes Revision No. 63 of 2015 (Smt. Bano v. Ashad Ullah Khan).

3. Facts of the case, in brief, are that a SCC suit was filed by one Ashad Ullah Khan (now dead) against the tenant (petitioner herein) for rent and eviction on the ground that the house no. 95/91 Ameenganj, Talaqmahal, Kanpur Nagar was purchased by him from earlier owner vide registered sale dated 25.3.2010 and the defendant is tenant of one quarter no. 97, which has been constructed over 35.95 sq. meter, which is a khapral shed, at the rate of Rs. 100/- per month. It was alleged that the defendant has not paid rent since 21.12.1985 to its earlier landlo




















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