LAWS(ALL)-2014-4-306

UGRASEN Vs. PARMESHWARI DEVI

Decided On April 21, 2014
UGRASEN Appellant
V/S
PARMESHWARI DEVI Respondents

JUDGEMENT

(1.) Heard Sri Ashish Kumar Singh, learned Counsel for the petitioner and Sri Gulrej Khan, Advocate, holding brief of Sri J.H. Khan, learned Counsel for the respondents. The petitioner Ugrasen is the tenant in a shop in dispute, which is part of house No. D-47/195-J, Mohalla Ramapura, Varanasi City, owned by respondent Smt. Parmeshwari Devi. The respondent-landlord instituted SCC Suit No. 116 of 1998 seeking eviction of petitioner from accommodation in question, on the ground of default, in payment of rent. The suit was decreed by Small Cause Court, Varanasi vide judgment and decree dated 6.10.2004. Petitioner's revision No. 34 of 2004 has been dismissed by Additional District Judge, Court No. 5, Varanasi vide judgment dated 4.5.2005, hence this writ petition.

(2.) The basic contention raised by learned Counsel for the petitioner are:

(3.) The facts, in brief, giving rise to the dispute in present matter, are as under: