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SUBHASH VIDYARTHI
Santosh Singh – Appellant
Versus
Suman Shukla – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. By means of the instant revision filed under Section 25 of the Provincial Small Cause Court Act, 1887, the revision-petitioner has prayed for setting aside the judgment and an order dated 21.05.2022 passed by the learned Additional District Judge/Special Judge, P.C. Act, Court no. 3, Lucknow in Miscellaneous Case No. 39-C of 2013, which was registered upon an application under Order XXI Rules 97, 98, 99 read with 101 of Civil Procedure Code filed in Execution Case No. 01 of 2013, which execution case was filed for execution of the ejectment decree passed by the learned Additional District Judge, Court no. 13, Lucknow in SCC Suit No. 72 of 2010.
2. The aforesaid SCC Suit was filed by the revision-petitioner against the opposite party no. 2 -Santosh Shukla pleading that the petitioner was the owner and landlord of House 294/90 situated at Mohalla Bazar Khala, Lucknow. The defendant was his tenant in respect of one of the shops situated on the ground floor of the building at Rs 3,000/-per month rent. The defendant did not pay rent to the plaintiff-revisionist after April, 2009 and he was in arrears of rent since 01.05.2009. On 11.06.2010, the plaintiff
The Small Cause Court can adjudicate incidental title issues in eviction proceedings, but such findings do not operate as res judicata in subsequent civil suits.
The executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
The Small Cause Court may decide incidental title issues in landlord-tenant disputes, but it is not obligated to refer cases to regular courts unless substantial evidence of title is presented.
The judgment emphasized the requirement for the court to adjudicate all questions of right, title, and possession in the property claimed by the objector under Order XXI Rule 97, and clarified the di....
The court emphasized that timely payment of rent is essential in eviction suits, and striking out a defense should be exercised with discretion, especially when landlord-tenant relationships are disp....
Petitioner was having tenancy rights and accordingly, he raised objection before the Executing Court to decide his right of tenancy, therefore, it is necessary for him to produce certain documentary ....
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