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2007 Supreme(UK) 234

RAJESH TANDON
STATE OF UTTARANCHAL – Appellant
Versus
PRAMOD MISHRA – Respondent


Advocates:
For the State : Mr.Gopal Narain, Counsel
For the Revisionist :Mr. Alok Singh, Sr. Advocate, assisted by Mamta Joshi, Counsel

JUDGMENT

Hon'ble Rajesh Tandon, J.

Heard Sri Gopal Narain, counsel for the State and Sri Alok Singh, Sr. Advocate, assisted by Mamta Joshi, counsel for the revisionists.

2. By the present civil revision filed under Section 25 of the Provincial Small Cause Courts Act, 1887, the revisionists have prayed for setting aside the order dated 31st May, 2006 by which the decree for eviction as well payment of arrears within a period of two months have been granted.

3. Briefly stated, a suit was filed being S.C.C. Suit No. 9 of 2002 Smt. Pramod Mishra Vs. State of Uttaranchal and others stating therein that the plaintiff is the landlord of the premises and the defendant No. 2 - Rajkiya Pramanit Sanstha (Bhikhuk Grah) Bhimgoda Haridwar is the tenant at the rate of Rs. 375 per month and the defendant no. 2 is under the supervision of the State of Uttaranchal.

4. The plaintiff-respondent has stated that the defendant no. 2 - revisionist no. 2 is in arrears of rent from 1st April, 1997 to 31st July, 2003 amounting to Rs. 28,500/- and water and house tax at the rate of Rs. 4,987.50n. Apart from the aforesaid arrears of rent, it was also stated in paragraph 4 of the plaint that the defendant no. 2





























































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