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2022 Supreme(All) 1535

UMESH CHANDRA SHARMA
Shakuntala Soni – Appellant
Versus
Devendra Kumar Rawat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Gulrez Khan, J.H. Khan.
For the Respondents: Abha Gupta, S.R. Gupta.

JUDGMENT :

UMESH CHANDRA SHARMA, J.

1. This civil revision has been preferred by the tenant defendant against the order dated 29.05.2012 passed by ADJ, Court No. 1, Banda by which the plaintiff’s suit was decreed on merit after striking off the written statement of the defendant.

2. In brief facts of the case are that revisionist Smt. Shakuntala Soni plaintiff filed an SCC suit in the Court of Judge, SCC Court, Banda on 04.11.2009 for eviction of the defendant tenant from the shop in suit and for realization of rent from 04.11.2006 to 17.12.2006 at the rate of Rs. 650/- per month amounting Rs. 958/- and for damages for use and occupation of the shop in suit since 18.12.2006 to 03.11.2009 at the rate of Rs. 22.990/- and also for the payment of water tax and house tax at the rate of Rs. 84/- per month each since 04.11.2006 to 03.11.2009 alongwith Rs. 500/- as expenses for notice.

3. In brief facts of the case are that the plaintiff is the owner and land-lord of a shop at first floor in Shri Ram Market, Chowk Bazar City Banda in which defendant was the tenant since December, 2004 at the monthly rate of rent of Rs.550/- as per condition since 2005 the rate of rent became Rs.650/- per month

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