- (1.) Formal order filed today is taken on record. In view of judgment of this Court in the case of Ravindra Kumar Jain v. Multani Mall Modi Degree College Society, dated 3.2.2014 in SCC Revision Defective No. 25 of 2014, the SCC Revision be treated to be filed within time. Since the defect has been removed, the office is directed to allot regular number to the revision.
(2.) I have heard Sri Y.K. Sinha learned Counsel appearing for the applicant and Sri Punit Kumar Gupta, learned Counsel for the opposite party.
(3.) By means of this revision, the revisionist has challenged the order of the Trial Court in SCC Suit No. 50 of 2009 dated 19.1.2015. By the said judgment eviction of the petitioner has been ordered from the premises in question, namely, 109 Navyug Market Ground Floor, Ghaziabad. The eviction has been ordered on the ground that in the said premises by removing a wall, the applicant has made structural change so as to diminish its value and utility. It was further held that the said premises was in two portions; one portion consists of 10'X10' area which was let out in the year 1976 at the rent of Rs. 1200/- per month and another portion, area of which was 10'X30' was let out in 1978 at the rate of Rs. 1800/- per month to one and the same tenant. By removing the partition wall between these two shops of the same premises the owners of which are different, the property of one of owner namely Anil Kumar has become unidentifiable.;