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SHARAD KUMAR SHARMA
Harjinder Singh – Appellant
Versus
Harvansh Lal – Respondent
JUDGMENT :
The issue would be as to whether a “government servant” of the United States of America, would be treated as to be equal, as to be a government servant serving in India, to bring him with the exception clause provided under sub-clause (b) of sub-rule (2) of the Rule 16 of the Rules framed under the Act No.13 of 1972.
2. The brief facts are, that initially the respondent/landlord had initiated the proceedings under section 15 of the Provincial Small Causes Courts Act, being Suit No.07 of 2009, “Harvansh Lal Vs. Harjinder Singh”, before the court of 1st ADJ, Rudrapur, District Udham Singh Nagar, on the ground that the petitioner/tenant has failed to remit the rent which was due to be paid of the shop in question. The said suit was dismissed by the judgment of 17th December, 2014.
3. In fact, initially the learned counsel for the petitioner argued that the dismissal of the SCC suit would be having a bearing, on the proceedings under section 21 (1) (a) of the Act, which was instituted subsequent to the dismissal of the SCC Suit. At this juncture itself, it would be apt to answer that the scope of section 15 of the Provincial Small Causes Courts Act, and the field which it cover
Point of law : Since there is no bar under law upon the landlord in filing the release application, for which he is not even required to serve a notice under Section 21 of the Act of 1972 upon the te....
Advocates appeared :For the Appellant : Ankur Maheshwari
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