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1985 Supreme(All) 636

A. P. MISRA
Mahant Girza Shankar Das – Appellant
Versus
State of U. P – Respondent


Advocates appeared:
Km. Sharda Chauhan, Advocate, for the Petitioner; Standing Counsel, for the Respondent

JUDGMENT

A.P. Misra, J. - This writ petition is directed as against the order dated 22nd May, 1976 (Annexure-II to the writ petition) passed by the revisional court exercising powers under section 25 of the U.P. Provincial Small Causes Courts Act.

2. The brief facts of the case are that the petitioner is the owner and land- lord of the building situate in Mohalla Farash Tola alias Ghamandi Ka Gola City Azamgarh. The case of the petitioner is that he admitted respondent nos. 3 and 4 as his tenant for Rs. "0/- per month for running a shop in the aforesaid house. In the premises in question the respondents aforesaid were running a hotel in the name and design of Sindhi Hotel. The present suit was filed by the petitioners for ejectment of the said respondents from the disputed accommodation mainly on two grounds : firstly that in the disputed premises material alterations had been made and secondly that they had sub-let the accommodation in question to respondent no. 5. The trial court after taking into consideration the evidence on the record came to the conclusion that the material alterations were made in the said accommodation and respondent nos. 3 and 4 had sublet the same in favou

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