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2025 DAILYLAW 168745 (ALL)

Mohammad Shoeb Siddiqui v. Asma Qamar alias Asma Bibi

SCCR/17/2022 · 2025-05-02

Pankaj Bhatia

body2025

Judgment text

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E Court Neutral Citation No. - 2025:AHC-LKO:25646 Court No. - 6 Case :- S.C.C. REVISION No. - 17 of 2022 Revisionist :- Mohammad Shoeb Siddiqui Opposite Party :- Asma Qamar Alias Asma Bibi Counsel for Revisionist :- Mohammad Ehtesham Khan,Shamim Arif Counsel for Opposite Party :- Brijesh Kumar,Utkarsh Srivastava Hon'ble Pankaj Bhatia,J. 1. Heard Sri M.E. Khan, learned counsel for the petitioner, Sri Vishwakant Srivastava, learned counsel for the respondent and perused the record. 2. The present revision has been filed by the revisionist challenging the judgment and decree dated 14.11.2022 whereby the suit preferred by the respondent-landlord was decreed and eviction decree and arrears of rent was passed against the revisionist. 3. Perusal of the impugned order reveals that the suit in question was filed alleging arrears of rent and ejectment was also sought. The trial Court framed as many as five points of determination. While determining, the finding was recorded in respect of issue no. 1 wherein it was found that the relationship of landlord and tenant existed in between the parties. With regard to arrears of rent, finding was recorded that a notice of eviction was duly served and it was also recorded that the arrears of rent have not been paid, as such, default had been committed by the revisionist. While deciding the issue nos. 4 and 5 with regard to quantum of damages, the arrears of rent were quantified as claimed and thereafter, the damages were awarded at the rate of Rs.45000/- per month w.e.f. 01.08.2014, no material could be demonstrated before this Court to discredit any of the finding recorded in all the five issues, warranting interference in exercise of revisional jurisdiction by this Court. Thus, I do not find any force in the contention of the counsel for the revisionist. The revision is accordingly dismissed. 4. The lower Court record shall be transmitted back to the concerned trial Court for execution of the decree expeditiously. Order Date :- 2.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench