JABBAR Vs. SYED KAMRAN WEKAR AND OTHERS
LAWS(ALL)-2003-10-186
HIGH COURT OF ALLAHABAD
Decided on October 06,2003

JABBAR Appellant
VERSUS
Syed Kamran Wekar Respondents

JUDGEMENT

S.P.MEHROTRA, J. - (1.)THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the judgment and order dated 15.4.1994 (Annexure-3 to the writ petition) passed by the learned Judge, Small Causes Court, Bulandshahr and the judgment and order dated 16.7.2003 (Annexure-5 to the writ petition) passed by the learned Additional District and Sessions Judge (Court No. 5), Bulandshahr.
(2.)THE dispute relates to a shop situated in Wikar Market, Saidpur Road, Kasba Gulawthi, Pargana Agauta, District-Bulandshahr, the details whereof are given in the plaint of the suit referred to hereinafter. The said shop has hereinafter been referred to as "the disputed shop".
It appears that the respondents filed a suit against the petitioner (Jabbar) and Ladua for eviction and arrears of rent etc. in respect of the dis­puted shop. The said suit was registered as SCC Suit No. 52 of 1987.

(3.)IT was, inter alia, stated in the said suit that the petitioner (Jabbar) and Ladua were the tenants of the disputed shop at a monthly rent of 300/-; and that the disputed shop was constructed in the year 1982 and as such, the provisions of the U.P. Act No. XIII of 1972 (in short "the Act") were not applicable to the disputed shop; and that the tenancy of the petitioner (Jabbar) and Ladua was determined by a registered notice dated 10.11.1987 which was served on the petitioner (Jabbar ) and Ladua on 12.11.1987; and that after the service of the notice, the petitioner (Jabbar) and Ladua sent rent by money-or­der for the period from 1.9.1987 to 30.11.1987, which was received by the re­spondents; and that the petitioner (Jabbar) and Ladua did not vacate the dis­puted shop within the time mentioned in the notice.


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