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2019 Supreme(All) 2126

SURYA PRAKASH KESARWANI
Sixth Sense Astro Gurukul – Appellant
Versus
Avantika Agro Services Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Ajay Kumar Singh and Ashish Kumar Singh
For the Respondents: Girish Kumar Gupta and Rahul Sahai

JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Sri Ajay Kumar Singh, learned counsel for the applicant-revisionist-petitioner and Sri Rahul Sahai, learned counsel for the plaintiff-decree holder-respondent No. 1.

2. Briefly stated facts of the present case are that House No. C.K. 1/13, Patni Tola, Bhosale Mandir, Ward Chowk, City Varanasi (hereinafter referred to as 'the disputed property'), was owned by Raje Raghuji Rao A. Bhosale son of late Raja Ajit Singh A. Bhosale, Mahal Nagpur (Maharashtra). The petitioner claims that one Vishwanath Pandey (Power of Attorney of the aforesaid Raje Raghuji A. Bhosale) executed an unregistered agreement to sell dated 15.5.2013 in favour of the petitioner to sell the aforesaid disputed property. However, a registered lease deed dated 25.6.2014 was executed by the aforesaid Raje Raghuji Bhosale through his power of attorney Vishwanath Pandey in favour of the plaintiff-decree holder-respondent No. 1 on accepting a premium of Rs.24,00,000 and monthly rent of Rs. 200. Lease rent Rs. 6,00,000 was received in advance to be adjustable towards the monthly rent. As per Clause 5 of the lease deed, the aforesaid owner of the disputed building/lessor put in a

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