NEERAJ TIWARI
Rajendra – Appellant
Versus
Mohd. Shahid – Respondent
JUDGMENT :
1. Heard Sri Piyush Shukla, learned counsel for the petitioners and Sri Atul Dayal, learned Senior Advocate assisted by Sri Manish Tandon, learned counsel for the respondents.
2. Present petition has been for setting aside the impugned order dated 15.12.2022 passed by the Court of Judge, Small Causes Court, Kanpur Nagar in S.C.C. Suit No. 188 of 2014 (Mohd. Shahid vs. Rajendra and others) and impugned order dated 15.3.2023 passed by the District Judge, Kanpur in S.C.C. Revision No. 26 of 2023 (Rajendra & others vs. Mohd Shahid)
3. Since, only legal question is involved in the present petition, therefore, with the consent of parties, petition is being decided at the admission stage itself.
4. Learned counsel for petitioners submitted that plaintiff-respondent has served legal notice dated 10.4.2014 claiming himself to be the owner of house in question on the basis of sale deed executed on 31.3.2013 by Jasmeet Singh. On the very same basis, he has set up his case and filed suit. In the plaint, it is clearly mentioned that house in question has been purchased by Jasmeet Singh. He next submitted that under Section 20(2) (a) of the U.P. Urban Buildings (Regulation of Letting Rent
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Ghoorey Lal vs. Sheo Murti Gupta reported in 1994 (5) SCC 339
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Waryam Singh and another Vs. Amarnath and another AIR 1954 SC 215
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