ORIENTAL INSURANCE CO LTD Vs. KRISHNA PANDEY & 2 OTHERS
LAWS(ALL)-2018-1-319
HIGH COURT OF ALLAHABAD
Decided on January 09,2018

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
Krishna Pandey And 2 Others Respondents

JUDGEMENT

Surya Prakash Kesarwani, J. - (1.) Heard Sri Arun Kumar Shukla, learned counsel for the defendants-revisionists/tenants and Sri P.K. Jain, learned Senior Advocate assisted by Sri Manish Tandon, learned counsel for the plaintiff-respondent no.1/landlord.
(2.) This revision under Section 25 of the Provincial Small Causes Court Act, 1887 has been filed praying to set aside the judgment dated 14.11.2017 and decree dated 28.11.2017 in J.S.C.C. Suit No.299 of 2014 (Shri Krishna Pandey Vs. The Oriental Insurance Company Ltd. and others), passed by the Judge Small Cause Court/Additional District Judge, Court No.6, Kanpur Nagar. Facts Briefly stated facts of the present case are that one Smt. Kamla Devi was the original owner and landlord of house No.24/51, Birhan Road, Kanpur Nagar, in which the defendant-revisionist was the tenant of the first floor at monthly rent of Rs.75/- excluding tax, from the period much prior to the enactment of U.P. Act No.13 of 1972. The aforesaid Smt. Kamla Devi sold the disputed house to the plaintiff-respondent no.1 by registered sale deed dated 27.9.2011. When the rent was not paid by the defendant-petitioner to the plaintiff-respondent no.1 then the plaintiff-respondent no.1 issued a notice dated 7.10.2013 terminating the tenancy and demanding arrears of rent. According to the defendant-revisionist the rent was deposited by him under Section 30(1) of the Act. On the allegation of default in payment of rent as well as subletting by the defendant-revisionist to the defendant-respondent nos.2 and 3, the plaintiff-respondent no.1 filed J.S.C.C. Suit No.299 of 2014 (Shri Krishna Pandey Vs. The Oriental Insurance Company Ltd and others) which has been decreed by the impugned judgment dated 14.11.2017.
(3.) Aggrieved with this judgment and decree, the defendant-revisionist has filed the present revision under Section 25 of Provincial Small Cause Court Act, 1887. Submissions;


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