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2018 Supreme(All) 1811

MAHENDRA DAYAL
Rakesh Kumar – Appellant
Versus
Additional Distt. Judge – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajendra Pratap Singh
For the Respondent: S.K. Mehrotra, Manish Kumar, Shesh Verma

JUDGMENT :

Mahendra Dayal, J.

This is tenants writ petition challenging the order dated 20.05.2011 passed by the Additional District Judge/Judge Small Causes Court, Faizabad in SCC Revision No. 58 of 2010 whereby the revision filed by the opposite parties landlord was allowed and while setting aside the judgment and decree of the trial court, the suit was decreed with cost and the petitioner was directed to handover vacant possession of the disputed premises to the landlord within a period of two months.

2. I have heard Sri Rajendra Pratap Singh learned counsel for the petitioners and Sri Shesh Verma learned counsel for the respondents no. 2 to 6 and also perused the record.

3. The dispute relates to a part of the building bearing Municipal No. 6/8/64 (Old No. 547) situate in Mohalla Subhash Nagar, Faizabad which belonged to one Keshav Raj Singh. After the death of Keshav Raj Singh, his son Gaya Prasad became the owner and the landlord. The original tenant in the disputed premises was Vishun Lal Kanaujia who was a Washerman and his parents had migrated to India during 1947 riots and they settled at Faizabad. Vishun Lal Kanaujia was married in Mohalla Mahajani Tola Faizabad but after so














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