Seth Daryablal Manik Lal Tadaiya – Appellant
Versus
Siddh Gopal Kudariya – Respondent
JUDGMENT :
1. Heard Ms. Shreya Gupta, learned counsel for the petitioners and Ms. Rama Goel Bansal, learned counsel for the respondent no. 1.
2. This is a petition filed under Article 227 of Constitution of India challenging the judgment and order dated 04.01.2022 passed by District Judge, Jhansi in S.C.C. Revision No. 39 of 2021 as well as judgment and order dated 30.10.2021 passed by Judge Small Causes, Jhansi in Misc. Case No. 28 of 2019 rejecting the application filed by objectors/petitioners under Order 21 Rule 97-101 C.P.C. and Section 151 C.P.C. and allowing the application 39-C filed by the decree-holder/respondent no. 1.
3. Facts in nutshell giving rise to the petition are that the decree-holder/respondent no. 1 filed a S.C.C. Suit No. 53/2013 against respondent no. 2 for arrears of rent and ejectment. The decree-holder, claiming himself to be the landlord of the first floor of House No. 196, Jawahar Chowk, City-Jhansi which was rented to respondent no. 2 at monthly rent of Rs.100/-since the year 1986. According to decree-holder/respondent no. 1, respondent no. 2 defaulted in payment of rent since 01.06.2005, despite demand. A notice was issued on 12.07.2013 which was served
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