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2018 Supreme(All) 2553

SANGEETA CHANDRA
Vasudev – Appellant
Versus
Sudeep Kumar Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Praveen Kumar, Balwinder Singh Suri, Om Prakash, Pradeep Kumar
For the Respondent: Sudeep Harkauli

JUDGMENT :

SANGEETA CHANDRA, J.

1. This revision has been filed challenging the order dated 15.3.2018 passed by the Additional District and Sessions Judge, Court No. 12, Agra in SCC Suit No. 19 of 2012 by which the Suit of the landlord has been decreed.

2. The facts that are relevant for the decision of the controversy as mentioned in the stay application filed along with the SCC Revision and the judgment of the learned Trial Court are as follows:-

3. Sri Sudeep Kumar Jain filed SCC Suit No. 19 of 2012 alleging that the respondent no. 2 – Vasudev along with his two other brothers – Babu Lal and Raj Kumar, sons of Devan Das, is the tenant of a shop no. 29/296-A/32 Labh Chand Market, Raja Ki Mandi, Agra. The defendants run a footwear store by the name of New Meenu Chappal Store therein. The rent of the shop in question was earlier Rs. 330/-per month inclusive of tax, but was later on increased to Rs. 3125/-per month inclusive of tax. The defendants paid rent of the property only upto 31.3.2008 and w.e.f. 1.4.2008 till the date of filing of the Suit in April 2012, they had defaulted in paying of rent.

4. Initially, a notice dated 30.1.2012 terminating the tenancy and demanding arrears of r

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