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2024 Supreme(All) 579

ASHUTOSH SRIVASTAVA
Rameshwari Devi – Appellant
Versus
Rakesh Mishra – Respondent


Advocates Appeared:
For the Appellant : Arpit Agarwal
For the Respondent: Rahul Saxena, Vivek Saran

JUDGMENT :

1. Heard Sri Arpit Agarwal, learned counsel for the petitioners and Shri Vivek Saran, learned counsel for the respondents.

2. The instant petition under Article 227 of the Constitution of India has been filed for setting aside the judgment and order dated 08.08.2023, passed by the Appellate Authority/Additional District Judge, Court No. 4/Special Judge (EC Act) Pilibhit, in P.A. Appeal No. 8 of 2023 (Rameshwari Devi and another vs. Rakesh Mishra) whereby and whereunder the Application filed by the petitioner for adducing additional evidence under Order 41 Rule 27 read with Section 151 CPC has been rejected.

3. It is the case of the petitioners that they are tenants of a shop situated in Mohalla Bazar Katra, Tehsil and Town Area Bisalpur, Pilibhti and are conducting the business of Bangles from the shop in question. Originally, the tenancy of the shop was in the name of Shri Radheyshyam the late husband of the petitioner no. 1 and father of petitioner no. 2. After the death of Shri Radheshyam the tenancy devolved upon the petitioners. The shop was originally owned by one Sushil Kumar and was purchased by the respondent herein vide Sale Deed dated 21.07.2015. A Release Applic

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