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2023 Supreme(UK) 595

VIVEK BHARTI SHARMA
Sonika Aggarwal – Appellant
Versus
Ramji Krishna Sharma S/o Late Shri Horam Sharma – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Mr. Aditya Singh, counsel
For the Caveator : Mr. Narendra Bali, counsel

JUDGMENT :

The present revision has been filed by the revisionist against the impugned judgment and order dated 25.07.2023 passed by SCC Judge/1st Additional District Judge, Haridwar in S.C.C. Suit No. 06 of 2018 ‘Ramji Krishna Sharma vs. Sonika Aggarwal’, whereby the court below has allowed the said suit by directing the revisionist to handover the vacant peaceful possession to the respondent/plaintiff within a period of 30 days.

2. Heard learned counsel for the parties and perused the record available on file.

3. Counsel for the revisionist/defendant no. 1 tenant would submit that S.C.C. Suit No. 06 of 2018 was filed before Small Causes Court, Haridwar by the respondent no. 1/landlord on the grounds of termination of tenancy for non-payment of rent and inducting the sub-tenant i.e. respondent no. 2/defendant no. 2 from the property in question. He would further submit that four issues were framed by the trial court which read as follows:-

    i. As to whether the revisionist/defendant no. 1/tenant is inducted as tenant in the property stated in the schedule at the bottom of the plaint at the rent of Rs. 2928/- per month.

ii. As to whether the suit is barred under the provisions of U.P. Re

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