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2019 Supreme(All) 85

SANGEETA CHANDRA
Shafiuddin – Appellant
Versus
Mashur Alam – Respondent


Advocates Appeared:
Vishal Agarwal, Advocate, Ashish Goyal, Advocate

JUDGMENT :

Sangeeta Chandra, J.

Heard Sri Vishal Agarwal, learned counsel for the petitioner and Sri Ashish Goyal, learned counsel for the respondents.

2. This writ petition has been filed by the petitioner/tenant challenging the order dated 9.4.2018 passed by the District Judge, Hathras in SCC Revision No. 101 of 2018 and the order dated 9.3.2018 passed by the learned Trial Court in SCC Suit No. 7 of 2013 allowing the application under Section 151 Civil Procedure Code (herein after referred to as the 'CPC') moved by the landlord for conversion of the Suit into a regular Suit.

3. It is the case of the petitioner that he is a tenant of the shop situated at Chaudhari Market, Malf Complex, Sadabad, Hathras at the rate of Rs. 1,000/- per month.

4. The landlord/respondent filed SCC Suit No. 1 of 2010 against the petitioner/tenant for eviction and it was alleged that rent had fallen into arrears. It was alleged in the plaint that the shop was let out on an oral agreement only and the tenancy was month to month. It was agreed that when the landlord would require the shop, the tenant would vacate it.

5. It was also stated that the provisions of U.P. Rent Control Act, 1972 are not applicable to t







































































































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