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2018 Supreme(All) 1220

SURYA PRAKASH KESARWANI
Lakshmi Devi – Appellant
Versus
Ram Prakash – Respondent


Advocates Appeared:
For the Petitioners: Asha Parihar, Geeta Parihar.

JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Sri Pradeep Kumar holding brief of Ms. Asha Parihar, learned counsel for the defendant-petitioner/tenant.

2. This petition under Article 227 of the Constitution of India has been filed praying to set aside the order dated 13.11.2017 in P.A. Case No. 61 of 2013, Ram Prakash Agarwal v. Smt. Lakshmi Devi and Others passed by the Prescribed Authority/Judge Small Cause Court, Jhansi.

3. By the impugned order, the Application 20ga filed by the defendant petitioner under order XI Rule 2(1) C.P.C. has been rejected on a cost of Rs. 250/-.

4. Briefly stated facts of the present case are that undisputedly Shop No. 24/1 (new No. 19) Rani Mahal, Jhansi is owned by the plaintiffs-respondents in which the defendant petitioner is a tenant. The plaintiff-respondent No. 1 filed an Application under Section 21 of U.P. Act 13 of 1972 on the ground of default in payment of rent by the defendant petitioner and also on the ground of bona-fide need for chamber for his wife (of plaintiff-respondent No. 1), who is a practising advocate. The plaintiffs-respondents have led their evidences on 11.08.2014. The defendant-petitioner has yet led her evidence. Ultimately,







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