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MANOJ KUMAR GUPTA
Subhash Chandra Huf Thru Karta – Appellant
Versus
Ajay Gupta – Respondent
Manoj Kumar Gupta, J.—Heard Sri N.C. Rajvanshi, learned senior counsel assisted by Sri Vishesh Rajvanshi for the plaintiff-revisionists. None appears for the defendant-opposite party, despite sufficient service.
2. The plaintiff-revisionists instituted a suit of the nature of small causes being SCC Suit No. 50/2010 against the defendant-opposite party (for short ‘the tenant’) for eviction from a shop in his tenancy bearing No. 2 in Building No. 251, New No. 113, Mukund Nagar, Ghaziabad and for recovery of arrears of rent and mesne profits. It was alleged that rent of the shop was Rs. 3390/- per month. The tenancy was from month to month starting from the first day of the month and ending on the last day. It was further alleged that rent till February 2010 was paid by the tenant by cheque, but rent and electricity charges from March 2010 onwards had not been paid, despite service of notice dated 19.5.2010 under Section 106 of the Transfer of Property Act, 1882 (for short ‘the Act’). It was further asserted that as the rent of the premises exceeded Rs. 2000/- per month, consequently, the provisions of U.P. Act No. 13 of 1972 were not applicable. The tenant had failed to vaca
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