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2019 Supreme(All) 2593

MANISH MATHUR
Maseehamasi Farookhi – Appellant
Versus
Jainul Islaam @ Gop – Respondent


Advocates:
Advocate Appeared:
Ravi Nath Tilhari, Advocate, Ishwar Dutt Shukla, Advocate, Priyam Mehrotra, Advocate, Santosh Kumar Mehrotra, Advocate

JUDGMENT :

Manish Mathur, J.

Heard Sri Ravi Nath Tilhari, learned counsel for the petitioner and Sri S.K.Mehrotra, learned counsel assisted by Ms.Priyam Mehrotra, learned counsel appearing on behalf of opposite party no.1. Opposite party no.2, Additional District Judge being merely a proforma opposite party is not represented.

2. Under challenge is the order dated 30.08.2018 passed by III Additional Sessions Judge, Unnao in SCC Revision No.04/2018 (Jainul Islaam @ Gop v. Maseehamasi Farookhi) whereby revision filed against order dated 17.05.2018 striking off defence of tenant-opposite party on application of petitioner-landlord has been allowed.

3. As per averments made in this petition filed under Article 227 of the Constitution of India, petitioner-landlord filed SCC Suit No.8/2009 for arrears of rent, damages and ejectment of tenant-opposite party with respect to three shops numbered 369, 370, 371 situate in Mohalla Taki Nagar, opposite Central Bank, Pargana, Tahsil and District Unnnao. It has been stated that tenancy of the shops in question was at the rate of Rs.700/- per month for each shop apart from water tax. The landlord was compelled to file suit when monthly rent with effec

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