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Anand Kumar Upadhyay vs Surendra Pal Singh

High Court Of Judicature at Allahabad|28 July, 2016

JUDGMENT / ORDER

Heard learned counsel for the plaintiff revisionist.
The plaintiff revisionist claims himself to be the owner and landlord of the premises in dispute. He filed a suit for rent eviction against the respondent tenant. The suit has been dismissed by the Additional District Judge exercising powers of Judge Small Causes Court.
The court below has dismissed the suit for one of the reasons that the plaintiff revisionist failed to prove the notice dated 05.12.2003 by which it is alleged that the tenancy was determined.
The plaintiff revisionist by his statement has not proved the notice or even its service. In fact no statement was made by him in relation to the alleged notice.
Thus, the court below held that the notice has not been proved and its absence, the suit is not liable to be decreed.
In view of above, I do not find any jurisdictional error in the impugned judgement and order of the court below. The revision as such lacks merit and is dismissed.
Order Date :- 28.7.2016 piyush
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Title

Anand Kumar Upadhyay vs Surendra Pal Singh

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 July, 2016
Judges
  • Pankaj Mithal