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2019 Supreme(All) 1604

SURYA PRAKASH KESARWANI
Raj Kumar Mulani – Appellant
Versus
Ramesh Kumar Hemrajani – Respondent


Advocates Appeared:
Jayant Kumar, Adv., Ayush Khanna, Adv.

JUDGMENT :

Surya Prakash Kesarwani, J.

Heard Sri Jayant Kumar, learned counsel for the defendant-petitioner and Sri Atul Dayal, learned senior Advocate, assisted by Sri Ayush Khanna, learned counsel for the plaintiff-respondent.

2. This petition under Article 227 of the Constitution of India has been filed praying for the following relief:-

    "i) to issue, order or direction to the court to set aside the order dated 09.05.2019 (Ann-5 to the petition) passed by Additional Judge Small Causes Court Ist in Small Causes Case No.311 of 2015 (Ramesh Kumar Hemrajani Vs. Raj Kumar Mulani) as well as order dated 11.07.2019 (Ann-7 to the petition) passed by District Judge Kanpur Nagar in Civil Revision No.52 of 2019 (Raj Kumar Mulani Vs. Ramesh Kumar Hemrajani)."

Facts

2. Briefly stated facts of the present case are that the plaintiff-respondent is the owner and landlord of the premises No.107/170-B, F. Road, Jawahar Nagar, Kanpur Nagar. In the said premises certain accommodation has been let out by the plaintiff-respondent to the defendant-petitioner at an agreed monthly rent of Rs.2650/- including taxes. The plaintiff-respondent did not want to continue the tenancy of the defendant-petitioner, ther

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