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2018 Supreme(All) 2016

VIVEK KUMAR BIRLA
Manoj Kumar – Appellant
Versus
Suman Prakash – Respondent


Advocates Appeared:
For the Appellant : Rahul Agarwal
For the Respondent: Abu Bakht

ORDER :

V.K. Birla, J.

1. Heard Sri Rahul Agarwal, learned counsel for the petitioner and Sri P.K. Jain, learned Senior Advocate assisted by Sri Abu Bakht, learned counsel for the respondent.

2. Present petition has been filed for setting aside the order dated 8.8.2018, passed by the District Judge, Meerut in S.C.C. Revision No. 34 of 2016, Manoj Kumar Vs. Suman Prakash and judgment and decree dated 28.7.2016, passed by Judge Small Causes Court, Meerut in S.C.C. Case No. 26 of 2007, Suman Prakash vs. Manoj Kumar.

3. By the impugned judgment dated 28.07.2016 passed by the Judge Small Causes Court, Meerut, the S.C.C. suit filed by the plaintiff-respondent herein was allowed by the trial court. S.C.C. Revision filed by the tenant-petitioner herein against the same was dismissed by the lower revisional court vide impugned judgment dated 8.8.2018.

4. The S.C.C. suit was filed by Suman Prakash, plaintiff-respondent herein for rent and eviction with the allegation that notice dated 21.12.2006 served on the defendant-petitioner was received by him on 23.12.2006, but the same was not replied. It was further claimed that the shop in dispute was assessed for the first time by the Nagar Palika Pari












































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