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2018 Supreme(All) 1746

VIVEK KUMAR BIRLA
Rishabh Agrawal – Appellant
Versus
Om Prakash Chaurasiya – Respondent


Advocates Appeared:
For the Appellant : Anil Kumar.
For the Respondent: Manish Tandon.

JUDGMENT :

Vivek Kumar Birla, J.

1. Heard learned counsel for the revisionist-tenant and Sri Manish Tandon, learned counsel appearing for the opposite party-landlord and perused the record.

2. Present revision has been filed challenging the judgment and order dated 11.4.2018 passed by the Additional District Judge, Court No. 1, Kanpur Nagar in SCC Suit No. 92 of 2016, Om Prakash Chaurasiya vs. Rishabh Agrawal.

3. The shop in question was leased out to the tenant-revisionist for a period of 11 months by rent deed dated 21.5.2015 from 15.5.2015 to 14.4.2016 on a rent of Rs. 5,000/-. The provisions of Act 1972 are admittedly not applicable in the present case. A legal notice for termination of tenancy was given to the revisionist on 26.7.2016, acceptance whereof is not in dispute. The landlord filed a suit and claimed damages at the rate of Rs. 6,000/- for future use. The suit was allowed and damages at the rate of Rs. 6,000/- were awarded till the handing over of the possession of the shop in dispute

4. Challenging the aforesaid judgment, submission of the learned counsel for the revisionist is that as per agreement dated 21.5.2015 two months prior notice was required to be given to the t


















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