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2021 Supreme(All) 729

SANGEETA CHANDRA
Mukesh @ Lallu Saxena – Appellant
Versus
Addl. District Judge (Essential Commodities Act) Hardoi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anuj Dayal.
For the Respondent: Anurag Narain.

JUDGMENT :

SANGEETA CHANDRA, J.

1. Heard Sri. Anuj Dayal, learned counsel for the petitioner and Sri. Anurag Narain, learned counsel for the respondent-landlord.

2. It is the case of the petitioner that respondent no. 2 filed a Suit for ejectment on 13.07.2005 registered as SCC Suit no. 10 of 2005 on the ground that respondent no. 2 and the wife of his brother Vedrani purchased the property in question on 22.03.1984 and after the death of Vedrani, the respondent alone is the legal heir and owner and landlord of the shop in question. Respondent no. 2 had let out one shop (herein referred to as shop in question) to the father of the petitioners in 1985 on rent at the rate of Rs. 275/- per month which included house tax and water tax. The father of the petitioner had paid rent as well as house tax and water tax till 30th June, 2001. The father of the petitioners expired on 27.03.2004 and after his death petitioner had occupied the shop in question as a joint tenancy. In the plaint filed by respondent no. 2, it was alleged that notice was sent to the petitioners on 17.03.2005 for arrears of rent which they refused to accept. After lapse of statutory period, the of tenancy got automaticall

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