MAQSUDUL HASAN Vs. SPECIAL JUDGE E.C.ACT/ADDL. DISTRICT JUDGE
LAWS(ALL)-2013-7-26
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on July 10,2013

Maqsudul Hasan Appellant
VERSUS
Special Judge E.C.Act/Addl. District Judge Respondents

JUDGEMENT

- (1.) Heard learned counsel for both the parties.
(2.) This is tenant's petition arising out of suit for eviction filed by the landlord respondent nos. 3 and 4 against the petitioner for eviction from the tenanted premises which is a shop and for recovery of arrears of rent in the form of SCC Suit no.610 of 1982 Smt. Gyanawati and another Vs. Maqsudul Hasan. J.S.C.C. Lucknow dismissed the suit through the decree dated 22.2.1996. Against the said decree landlords respondents filed SCC revision no.48 of 1996 A.D.J./Special Judge E.C. Act Lucknow allowed the revision through judgment and order dated 11.12.2002 set aside the decree passed by the trial court and decreed the suit for eviction and recovery of arrears of rent hence this writ petition.
(3.) The plaintiffs had purchased the property in dispute from its previous owner landlord through registered sale deed dated 24.11.1981, petitioner was tenant since before the purchase. Notice was given by the plaintiffs landlords to the tenant on 24.4.1982 and the suit was filed on 1.9.1982. Admitted rate of rent is Rs.125/- per month. Initially the suit was decreed ex parte but the said order was set aside by the revisional court and trial court was directed to decide the suit on merit.;


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