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1978 Supreme(All) 987

U. C. SRIVASTAVA
Ram Lal – Appellant
Versus
5th Additional District Judge, Shahjahanpur – Respondent


ORDER

U.C. Srivastava, J. - This petition under Article 226 of the Constitution is directed against the order dated 11th July, 1977 passed by the court of the Additional District Judge, Shahjahanpur, dismissing the revision application against the order passed by the court of Judge Small Causes decreeing this suit filed by opposite party No. 3, the owner landlord of the premises in dispute for ejectment and arrears of rent. The opposite party No 3 filed a suit for ejectment of opposite party No. 4 on the ground that the opposite party No. 4 has illegally sub-let the premises in dispute to the petitioner and has further not paid the rent with effect from 1st September, 1973. The opposite party No. 4 admitted the plaint allegations but the petitioner contested the suit alleging that some ten years ago the opposite party No. 4 who was the tenant of the premises in dispute discontinued his business and with the permission of opposite party No. 3 he was put into possession and since then he is in occupation of the shop of the landlord who has been realising rent from him. It was further pleaded that the landlord started proceedings under section 21 of U.P. Act No. 13 of 1972 in which cas

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