ABDUL GAFUR Vs. VARUN KUMAR @ NARA AND ANOTHER

JUDGEMENT

(1.) HEARD Sri Alok Singh, Sr. Advocate, assisted by Sri Dharmendra Barthwal, Counsel for the revisionist/applicant and Sri Khalil Ahmad, Counsel for the defendants/respondents. Both the revisions have been filed against the judgment and decree dated 23.10.2004 by which the suit of the plaintiff -revisionist for the decree of eviction has been dismissed.

(2.) BRIEFLY stated, suits were filed by the revisionist/landlord of the premises against the defendants/respondents (being Suit No. 4 of 1995 and Suit No. 6 of 1995 respectively) claiming himself to be the owner and landlord of the premises (Shops No. 10(10) and 90(27) situate at 2 Civil Line, Roorkee).

(3.) THE plaintiff/revisionist has sent notices to the defendants/respondents on 22nd June, 1995 through his Advocate Kunwar Joginder Singh, but inspite of his service of notice on 22.6.1995, they have failed to vacate the premises. Separate suits for ejectment against the defendants were filed on 28th August, 1995 and as such the plaintiff/revisionist has claimed the decree for eviction as well as the damages at the rate of Rs. 2,400/ - along with the arrears to the extent of Rs. 7.196.50 total 9,596.50 paisa.