DHARAMPAL Vs. PRABHA RANI GUPTA
HIGH COURT OF UTTARAKHAND
Prabha Rani Gupta
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(1.) By means of this petition, the petitioner has sought a writ
in the nature of certiorari to quash the impugned judgment and
order dated 23.03.2013 passed by IIIrd Additional District Judge,
Haridwar in Civil Revision No. 23 of 2012, Dharampal vs. Smt.
Prabha Gupta and also the judgment and order dated
04.08.2012, passed by the Court of Judge, SCC/Civil Judge
(S.D.) Roorkee in SCC Case No. 16 of 2010 Smt. Prabha Gupta
(2.) Briefly stated facts of the case, giving rise to this petition
are that the respondent filed a suit for eviction and arrears of
rent claiming herself to be the land lord and owner of the
property in question. The case was registered as SCC Case No.
16 of 2010, Smt. Prabha Gupta vs. Dharampal before the Judge,
SCC/Civil Judge (S.D.), Roorkee. The Petitioner/defendant
contested the suit by filing written statement wherein averments
made in the plaint were denied, it was alleged that he had not
defaulted in the payment of rent and arrear of rent.
(3.) Plaintiff/respondent in support of his case, filed notice dated
12.03.2010, which was issued under Section 106 of the Transfer
of Property Act, 1882 for termination of tenancy of the
petitioner and other documents and also filed affidavit as PW1.;
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