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2016 Supreme(UK) 132

SERVESH KUMAR GUPTA
Ish Kumar @ Harish Kumar – Appellant
Versus
Rekha Sharma – Respondent


Advocates:
Advocate Appeared:
For the Defendant : Mr. Siddhartha Singh
For the Respondent: Mr. Nagesh Agarwal

JUDGMENT :

Servesh Kumar Gupta, J.

By means of this revision, the challenge is to the judgment and order dated 24.02.2015 rendered by the Judge, Small Cause Courts/Additional District Judge, Haridwar, whereby the Suit No.02 of 2011, instituted by Smt. Rekha Sharma, was decreed against Ish Kumar @ Harish Kumar (revisionist).

2. The disputed property is a small house which was previously owned by Mr. Prem Chand Sharma, grandfather of Mr. Saurav Sharma and Mr. Sameer Sharma. Revisionist Ish Kumar was a tenant in second floor of this house since long back and Mr. Prem Chand Sharma used to collect rent thereof through his power of attorney holder Mr. Narendra Goswami, who was a very close relative of Mr. Sharma. The attitude of Mr. Ish Kumar of not paying the rent within time became the prime cause for the brothers duo, as afore-named, to sell this property on 1.11.2008 in favour of Smt. Rekha Sharma. Thus, she became the owner-cum-landlady of this property which is admitted to the parties. The fact which is also not in dispute is that the building, in question, is not exempted from the application of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (her
















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