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2018 Supreme(All) 1201

ANJANI KUMAR MISHRA
Chaman Lal and Sons – Appellant
Versus
Awadh Kumar Agarwal – Respondent


Advocates Appeared:
For the Appellant : Tarun Agrawal.
For the Respondent: Manish Tandon.

JUDGMENT :

Anjani Kumar Mishra, J.

1. Heard Shri Tarun Agrawal, counsel for the revisionist and Shri Manish Tandon, counsel for the opposite party.

2. This is a SCC revision, filed by the tenant challenging the order dated 16.08.2016, decreeing the plaintiffs opposite parties suit for eviction, arrears of rent and damages.

3. The dispute pertains to a shop in the tenancy of the revisionist. The respondent filed the suit alleging that the tenant was in arrears of rent from 01.04.1995 to 31.10.2000 as also of the sewer and water tax, calculated @ 18%. A notice dated 14.11.2009 was sent by registered post through Advocate calling upon the tenant to pay the arrears within 30 days. The notice was served on 18.11.2009. The same was not complied with and therefore, the tenant was liable to be evicted. Damages @ Rs. 5,000/- per month was also claimed w.e.f. 19.12.2009, when the status of the tenant became that of an unauthorized occupant. It was also stated that only the preceding three years rent could be claimed as any claim for the remainder was barred by time.

4. The revisionist filed his written statement denying the receipt of notice and also the allegation of arrears. It was stated that







































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