LAWS(ALL)-2012-11-227

OM PRAKASH BHARDWAJ Vs. LAL MAN SAHU

Decided On November 20, 2012
Om Prakash Bhardwaj Appellant
V/S
Lal Man Sahu Respondents

JUDGEMENT

(1.) Heard Sri Neelabh Srivastava, Advocate, holding brief of Sri Anil Bhushan, learned counsel for petitioner and perused the record.

(2.) Petitioner's application seeking ejectment of respondent-tenant from the accommodation in question i.e., a shop was dismissed by Trial Court vide judgment dated 7.4.1999 holding that there was no default and monthly rent was Rs. 120.00 per month and not Rs. 200.00 per month which is claimed by petitioner and the said judgment having been confirmed by Revisional Court vide judgment dated 31.1.2000, the present writ petition has been filed challenging both the judgments.

(3.) Learned counsel for petitioner submitted that in case the entire amount is not deposited before the first date of hearing, the tenant is liable for ejectment and placed reliance on Apex Court's decision in Khadi Gram Udyog Trust Vs. Ram Chandraji Virajman Mandir (1978) 1 SCC 44.