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2003 Supreme(All) 2865

N.K.MEHROTRA
Lakshmi Narain Gupta – Appellant
Versus
Shanti Nigam – Respondent


Advocates Appeared:
For the Appellant : A.S. Chaudhary and P.V. Chaudhary.
For the Respondent: N.K. Seth.

JUDGMENT :

N.K. Mehrotra, J.

This is a revision u/s 25 Provincial Small Cause Courts Act, 1887, against the judgment and decree dated 18.12.2002 passed by the Addl. District Judge, Unnao in S.C.C. Suit No. 4 of 2001, Smt. Shanti Nigam v. Lakshmi Narainan Gupta, decreeing the suit for eviction, arrears of rent and damages in favour of the Plaintiff against the Defendant.

2. I have heard the learned Counsel for the parties on merit at admission stage after summoning the record.

3. A perusal of the record goes to show that the Plaintiff opposite party Smt. Shanti Nigam claiming herself to be the landlady of the disputed premises, filed a suit for eviction of the Defendant after determinating his tenancy on the ground of default in payment of rent and for recovery of rent, damages and water tax. According to the Plaintiff's case the Defendant being tenant at the rate of Rs. 460 per month has not paid rent since 1.2.1996 to 20.8.2001. Thereafter, a notice for payment of rent and determinating the tenancy was sent to the Defendant, which was served by refusal. The Defendant-revisionist filed written statement by pleading that the rent has been paid to the son of the landlady and the notice h








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