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2021 Supreme(All) 303

JASPREET SINGH
Anil Jaiswal – Appellant
Versus
Khalida Fazli – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.N.Jaiswal, Deepak Seth, Dipak Seth, Prashant Jaiswal, Ratnesh Chandra, Ravindra Pratap Singh
For the Respondent: S.W.Zaman, Awadhesh Kumar, Sanjay Kumar Srivastava

JUDGMENT :

1. The instant revision has been preferred under Section 25 of the Provincial Small Causes Court Act, 1887 against the judgment and order dated 03.09.2012 passed by the Additional District Judge, Court No. 1, Barabanki in SCC Suit No. 3 of 2007 by means of which the SCC Suit No. 3 of 2007 seeking arrears of rent and ejectment preferred by the plaintiff-respondents has been decreed and the defendant-revisionist has been directed to handover the possession of the property in question within three months to the plaintiff/landlord.

2. The revisionist-tenant has assailed the judgment dated 03.09.2012 primarily on two grounds.

    (i) It has been urged by Sri Ratnesh Chandra, learned counsel for the revisionist that the lease which was granted was of a permanent nature and it was not open for the landlord/respondent to terminate the said tenancy. The lease being permanent was not capable of termination and this aspect of the matter has not been considered in the correct perspective and has been decided against the weight of the material on record.

(ii) The other submission of Sri Chandra is that the landlord had leased out an open piece of land. That being so in view of Section 15 of

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