COMMERCIAL AUTO SALES P LTD Vs. AUTO SALES PROPERTIES
LAWS(SC)-2009-9-82
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on September 09,2009

COMMERCIAL AUTO SALES P LTD Appellant
VERSUS
AUTO SALES PROPERTIES Respondents

JUDGEMENT

R. M. Lodha, J. - (1.) Leave granted.
(2.) These two appeals by special leave are directed against the judgment and order dated December 10, 2007 passed by the High Court of Judicature at Allahabad whereby it dismissed revision petition of the present appellant preferred under Section 25 of the Provincial Small Cause Courts Act, 1887 and affirmed the judgment and decree for eviction dated February 5, 2003.
(3.) M/s. Auto Sales (Properties) through Smt. Manju Gupta respondent herein filed a suit for eviction and recovery of arrears of rent against M/s. Commercial Auto Sales (P) Ltd. through its Directors Brij Mohan Gupta appellant in the Court of Small Causes, Allahabad with regard to portion of premises on the ground floor of building at 18, Kanpur Road, Allahabad. The respondent averred in the plaint that the subject premises were under the tenancy of the appellant for rent of Rs. 11,000/- per month; that tenancy commenced from the first day of every English calendar month and ended on the last day of each month; that vide notice dated March 14, 1997 the balance rent was demanded and tenancy of the appellant was terminated and despite notice of demand and termination of tenancy, the appellant neither paid the rent nor vacated the premises necessitating filing of the suit.;


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