ANURAG KUMAR GARG Vs. SUSHILA NAGPAL

JUDGEMENT

(1.) Heard Sri S. K. Varma, learned Senior Advocate, assisted by Sri Bipin Lal Srivastava, learned counsel for the defendant-petitioner and Sri Sumit Daga, learned counsel for the plaintiff-respondent.

(2.) This petition has been filed by the defendant no.2/petitioner/tenant, praying to set-aside the judgement and order dated 13.02017, in S.C.C. Suit No. 6 of 2017 (Smt. Sushila Nagpal Vs. Puneet Kumar Garg and another), passed by the Civil Judge(Senior Division)/Fast Track Court, Muzaffar Nagar and judgement and order dated 18.08.2017 in S.C.C. Revision No. 4 of 2017 (Anurag Kumar Garg Vs. Smt. Sushila Nagpal and another).

(3.) Briefly stated facts of the present case are that undisputedly the plaintiff-respondent no.1 is the owner and landlord of house No. 541, Main Road, Gandhi Colony, City, Pargana, Tehsil and District Muzaffar Nagar. This shop is said to have constructed in the year 1970. The defendant no.1 namely Sri Puneet Kumar Garg was tenant at a monthly rent of Rs. 250/-, since the year 1986. The name of the defendant no.1 Dr. P. K. Garg is also mentioned in tax assessment of the municipality, for the year 1986-1991 (paper no. 40-C) and tax assessment for the year 1991-98 (paper no. 41-C).