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1989 Supreme(MP) 526

K.K.VERMA, S.K.DUBEY
Manaram Bhajra Kachhi – Appellant
Versus
Omprakash Ramkishan Sharma – Respondent


Advocates Appeared:
Arun Mishra, N.K.JAIN,

JUDGMENT :

( 1. ) THIS is a petition under Article 227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order, dated 6-10-1987 (Annexure P-5), passed by First Civil Judge, Class II, Shivpuri, in Civil Suit No. 124-A/1986, and order dated 22-2-1988 (Annexure P-6) passed in Civil Revision No. 33/1987, by District Judge, Shivpuri. ( 2. ) BRIEF facts leading to this petition are: The respondent/plaintiff filed a suit for eviction and for arrears of rent against the petitioner/tenant averring therein that defendant was inducted as a tenant on a monthly rent of Rs.

100/- by one Dinanath Sharma. The tenancy was oral, which commenced from 16-9-1981. Dinanath Sharma died on 10-11-1983, who executed a will in favour of the plaintiff/respondent. It was alleged in the plaint that petitioner/defendant paid rent to plaintiff/respondent till 31-1-1986; from 1-2-1986 the petitioner did not pay any rent, hence, a notice of demand, demanding the rent due was served on the petitioner. The petitioner did not tender or pay the amount in the period prescribed by law, hence, the respondent instituted the suit for eviction and arrears of rent. The petitioner i









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