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2025 DAILYLAW 120840 (ALL)

Ramesh Kumar Tiwari v. Shanti Swaroop Shukla

SCCR/6/2023 · 2025-05-08

Pankaj Bhatia

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26968 Reserved Court No. - 6 Case :- S.C.C. REVISION No. - 6 of 2023 Revisionist :- Ramesh Kumar Tiwari Opposite Party :- Shanti Swaroop Shukla Counsel for Revisionist :- Mohammad Ehtesham Khan, Indrajeet Shukla Counsel for Opposite Party :- Mayankar Singh, Jagdish Prasad Maurya, Sandeep Kumar Hon'ble Pankaj Bhatia,J. 1. Heard the counsel for the parties. 2. The present revision has been filed challenging the order dated 03.12.2022 whereby the Suit filed by the landlord was decreed against the revisionist. 3. The document on record indicates that the property in question was given on rent sometimes in the year 2013 and thereafter the suit in question was filed and the revisionist claimed that the property was agreed to be sold and some amounts were given in furtherance of the said agreement. The said version of the revisionist was disbelieved by the revisional court specifically in paragraph 14 and a finding was returned that the revisionist has defaulted in payment of rent and ultimately the suit was decreed after returning the finding that there was a default in payment of rent. 4. The counsel for the revisionist has drawn my attention to the Rent Deed as relied upon by the respondent to argue that the said Rent Deed was a forged and fabricated document, however, the said fact could not be established by the revisionist by leading appropriate evidence. 5. Considering the fact that the finding of fact have been recorded with regard to default committed and the version of the respondent not being accepted as there was no agreement as pleaded by the revisionist, no interference is called for. 6. The revision lacks merit and is dismissed. However, as the revisionist is said to be in occupation, the decree in question shall be executed with all expedition preferably within a period of six months in view of the directions given by the Supreme Court in Civil Appeal No.3640-3642 of 2025 (Periyammal (dead) through Lrs. and others vs. V. Rajamani and another Etc.) dated 06.03.2025. Order Date :- 8.5.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench