RAM DEV Vs. KEDARNATH MODI INSTITUTE OF PHARMACEUTICAL EDUCATION AND RESEARCH TRUST
LAWS(ALL)-2020-2-206
HIGH COURT OF ALLAHABAD
Decided on February 06,2020

RAM DEV Appellant
VERSUS
Kedarnath Modi Institute Of Pharmaceutical Education And Research Trust Respondents

JUDGEMENT

- (1.) Heard Sri Apurva Hajela, learned counsel for the petitioner and Sri P.K. Singhal, learned counsel for the respondents.
(2.) The present application under Article 227 of Constitution of India has been preferred by the petitioner Ram Dev challenging the order dated 25.10.2018 passed by Judge Small Causes Court in Misc. Case No.10 of 2016 by which Judge Small Causes Court has dismissed the application of the petitioner under Order 9 Rule 13 of C.P.C. and order dated 24.05.2019 by which review application of the petitioner registered as Misc. Case No.34 of 2018 has been dismissed. The petitioner has also assailed the order passed by the revisional court dated 14.08.2019 in Revision No.550 of 2019.
(3.) The respondent/landlord instituted a SCC Case No.28 of 2014 (Deputy Registrar, Kedarnth Vs. Institute of Pharmaceutical Education and Research Trust Vs. Ram Dev) for eviction and recovery of rent against the petitioner-tenant contending therein that respondent-trust is running Ginni Modi Eye Hospital, Modi Nagar, Ghaziabad, and the petitioner-tenant was an employee in the said hospital. The respondent had let out House No.C-105, Modi Hospital, Modi Nagar, Ghaziabad on rent of Rs.250/- per month to the petitioner-tenant for residential purpose. The petitioner-tenant left the service of respondent on 31.12.2009 and after quitting the job, he should have delivered the possession of the house in question to the respondent-landlord, but neither he delivered the possession nor paid rent since 01.01.2010. In the aforesaid backdrop, respondent/landlord prayed for decree of eviction and arrears of rent.;


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