JUGAL KISHORE PANDEY Vs. ADDITIONAL DISTRICT JUDGE, COURT NO.5,GORAKSHPUR
LAWS(ALL)-2016-4-175
HIGH COURT OF ALLAHABAD
Decided on April 18,2016

Jugal Kishore Pandey Appellant
VERSUS
Additional District Judge, Court No.5,Gorakshpur Respondents

JUDGEMENT

- (1.) Heard Shri Arvind Srivastava, learned counsel for the petitioner and Shri Sanjay Maurya, learned counsel for the respondent.
(2.) By means of this petition, the orders dated 4.5.2015 and 17.11.2016 passed in SCC Suit No. 586 of 2013 and SCC Revision No. 135 of 2015 are under challenge; respectively.
(3.) Brief facts of the case are that the petitioner was inducted as tenant in house no. 116/119 (hereinafter referred to as the suit premises) by Shri Kena Ram Banerjee, owner of the said premises. Shri Kena Ram Banerjee expired on 12.3.1992. After his death, one Shri Amrendra Nath Chatterjee claimed ownership right over the suit property on the basis of a will dated 28.11.1991. The notices dated 8.6.1992, 19.8.1992 and 31.10.1992 were sent to the petitioner by Sri Amrendra Nath Chatterjee demanding rent of the suit property. These notices were replied by the petitioner on 3.7.1992 and 19.8.1992. Last notice dated 16.3.1993 determining tenancy and raising demand of rent was finally served upon the petitioner which was replied on 17.4.1993. In reply, the petitioner raised dispute regarding title of Sri Amrendra Nath Chatterjee over the suit property. It was stated by the petitioner that one Smt. Indrawati Pandey also claimed ownership through a will deed dated 27.1.1992 and raised demand of rent.;


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