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2008 Supreme(All) 3012

S.U.KHAN
Krishna Devi – Appellant
Versus
Mahavir Prasad – Respondent


JUDGMENT :

S.U. Khan, J.

Heard learned Counsel for the parties.

2. This is tenants' writ petition. Landlord respondent No. 1, Mahavir Prasad filed S.C.C. Suit No. 290 of 1987 against Mahesh Prasad the original tenant for his eviction on the ground of default and recovery of rent. Rate of rent is Rs. 23 per month. Property in dispute is a residential house situate on the ground floor in Ram Bagh, Kanpur City and contains one room, verandah, kitchen and common court-yard. The trial court/II A.D.J., Kanpur Nagar decreed the suit through judgment and decree dated 22.3.1994. Original tenant Mahesh Prasad since deceased and survived by the petitioners filed S.C.C. Revision No. 64 of 1994 against judgment and decree passed by the trial court. V A.D.J., Kanpur Nagar, through judgment and order dated 8.2.2001 dismissed the revision, hence this writ petition.

3. Notice of termination of tenancy and demand of rent was sent on 4.8.1986 and was served upon the tenant on 6.8.1986. In the said notice, rent from 10.3.1985 till 9.7.1986 was demanded.

4. Tenants' case is that landlord stopped accepting rent from 10.3.1985, hence tenant sent the rent through money-orders thrice but all the money-orders we




























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