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2024 Supreme(All) 1000

MANISH KUMAR
Prema Devi – Appellant
Versus
Shri Kishna Agrawal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ram Karan Agrawal, Anadi K. Sinha, Ram Karan Agrawal, Shatrughna Awasthi, Virendra Mishra.
For the Respondents: C.S. Pandey, Mohammad Adil Khan.

JUDGMENT :

MANISH KUMAR, J.

1. The present writ petition has been preferred for setting aside the revisional order dated 12.12.2000 passed by the XIth Additional District, Judge, Lucknow in SCC Revision No. 107 of 1998 (Smt. Prema Devi Vs. Sri Shri Krishna Agarwal) and judgment and order dated 17.3.1998 passed by the Ist Additional Judge Small Causes Courts, Lucknow in S.C.C. Suit No. 71 /83 (Smt. Prema Devi Vs. Sri Krishna) and decreeing the said suit for all the reliefs prayed for i.e. ejectment, arrears or rent, water tax, drainage tax, damages and costs.

2. Learned counsel for the petitioner has submitted that the respondent was a tenant of the shop situated at 12 Gautam Budh Marg Lucknow belonging to the petitioner at a monthly rent of Rs. 100/-The respondent had defaulted in payment of arrears of rent, water tax and the drainage charges. The petitioner had served a notice dated 24.9.1983 terminating the tenancy and directing the respondent to pay the arrears within a particular period and failing which to vacate the shop immediately.

3. It is further submitted that when the respondent had neither paid the arrears nor vacated the shop, the petitioner preferred a suit under Section

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