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2022 Supreme(All) 262

J. J. MUNIR
Govind Saran – Appellant
Versus
Shubhi Mishra – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Ashutosh Srivastava
For the Opposite Party : Babita Upadhyay, Pradeep Kumar, Sanjeev Kumar Gaur

JUDGMENT :

1. This is a tenant's revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (for short “the Act of 1887”), questioning a decree for ejectment, besides recovery of arrears of rent and mesne profits.

2. S.C.C. Suit No.15 of 2012 was instituted on behalf of the plaintiff-landlady, Km. Shubhi Mishra, then a minor aged about 16 years through her father, Dr. Pramod Kumar Mishra, acting as her next friend. This suit was instituted before the District Judge of Pilibhit sitting as the Judge, Small Cause Court, against the defendant-tenant, Govind Saran, seeking the defendant's ejectment from a shop situate in Mohalla Desh Nagar, District Hospital Road, Pilibhit, details whereof are given at the foot of the plaint, giving rise to the suit. Besides ejectment, a decree for recovery of a sum of Rs.41,433/-as arrears of rent was also sought. A further decree for recovery of mesne profits in the sum of Rs.2000/-with effect from the date of determination of the tenancy until the date of the suit, worked out at the rate of Rs.250/-per day, besides Rs.1500/-as costs of the notice, was also claimed. Apart from the aforesaid items of the claim, a decree for recovery of mesn

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