SUNDER LAL AGARWAL Vs. VTH ADDITIONAL DISTRICT JUDGE, BULANDSHAHR
LAWS(ALL)-2006-3-389
HIGH COURT OF ALLAHABAD
Decided on March 29,2006

Sunder Lal Agarwal Appellant
VERSUS
Vth Additional District Judge, Bulandshahr Respondents

JUDGEMENT

S.U. Khan, J. - (1.) Heard learned Counsel for the parties.
(2.) This is landlord's writ petition. Landlord- petitioner filed suit for eviction against tenant-respondent No. 3 Mohd. Hanif Khan in the form of S.C.C. Suit No. 03 of 1984. Similar suit or eviction had also been filed by landlord petitioner against another tenant Ramesh Chand,respondent No. 2. The said suit was registered as S.C.C. Suit No.02 of 1984. The landlord pleaded that the two shops in possession of both the tenants were constructed in the year 1979, hence provisions of U.P. Act No. 13 of 1972 were not applicable thereupon. J.S.C.C./Second Additional Civil Judge, Bulandshahr accepted the version of the landlord and decreed both the suits on 28.2.1986 by separate but similar judgments.Against the said judgments and decrees both the tenants filed revisions.Revision of the tenant-respondent No. 3 Mohd. Hanif Khan was registered as S.C.C. Revision No. 8 of 1986 and the revision of the other tenant Ramesh Chand was registered as S.C.C. Revision No. 9 of 1986. Vth A.D.J. Bulandshahr through judgment and order dated 10.4.1991 allowed both the revisions, set aside the judgments and decrees of the Trial Court and dismissed both the suits for eviction and also directed that notice shall be issued to the landlord-petitioner to show cause as to why proceedings under section 340. Cr.P.C. be not initiated for manipulation in the records. This writ petition is directed against the aforesaid judgments of the Revisional Court passed in both the S.C.C. Revisions.
(3.) It is admitted that during pendency of this writ petition landlord entered into a compromise with respondent No. 2 Ramesh Chand and sold the shop in his tenancy occupation to him. Respondent No. 3 also offered to purchase the shop but landlord refused.;


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