Allahabad Court July 2004 Judgments
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Taqdirunnisa (Smt.) and ors. Vs. Ist Additional District Judge and ors ...
Court: Allahabad
Decided on: Jul-05-2004
Reported in: 2005(1)ARC34
S.U. Khan, J.1. This is landlords writ petition arising out of their suit for eviction filed against tenant respondent being suit (SCC Suit No. 486 of 1971 Munsif (West)/JSCC, Allahabad through judgment and decree dated 30.11.1973 decreed the suit for eviction and recovery of arrears of rent. Suit was decreed on the finding that tenant was in arrears of rent and that notice of termination of tenancy had been served through refusal. Tenant respondent filed a revision against the said judgment and decree being Civil Revision No. 97 of 1974. 1st Additional District Judge, Allahabad allowed the revision through judgment and order dated 4.8.1978, dismissed the suit for ejectment and recovery of arrears of rent and decreed the same only for recovery of electricity charges, hence this writ petition by landlords.2. The only point on which Revisional Court allowed the revision was that the original notice which according to the plaintiff was sent through registered envelop and had been returned...
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