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Rameshwar Dayal v. Sri Ram - WRIT - A No. 19578 of 2006 [2006] RD-AH 7564 (10 April 2006)


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Court No. 28

Civil Misc. Writ Petition No. 19578 of 2006

Rameshwar Dayal


Sri Ram

Hon'ble Krishna Murari, J.

Heard Sri Rajesh Kumar Pandey, learned counsel for the petitioner.

SCC suit filed by the respondent/landlord for arrears of rent and eviction was decreed vide order dated 6.8.2004. Revision filed by the tenant/petitioner was also dismissed on 22.10.2005. Feeling aggrieved, the petitioner/tenant has filed the present writ petition.

On the basis of the evidence brought on record in the nature of sanction of map and the assessment register, the trial court has recorded a finding that the shop in dispute was constructed in the year 1986 as such is not within the purview of  the U.P. Act No. 13 of 1972. It has further been held that the tenant/petitioner has not paid rent since 1992 and the notice given by the respondent/landlord was properly served. The same finding has been confirmed by the Revisional Court.

From a perusal of the impugned judgement, it is clear that the finding of facts recorded by the trial court confirmed by the rivisional court are based on proper appraisal of evidence, oral as well as documentary brought on the record of the case.

It is well settled that a concurrent finding of facts recorded by the courts below based on proper appraisal of evidence is not liable to inference by this Court while exercising jurisdiction conferred under Article 226 of the Constitution of India.

The learned counsel appearing for the petitioner has failed to point out any illegality whatsoever in the findings recorded by the Courts below.

The writ petition being concluded by finding of fact is devoid of any merit and is accordingly dismissed.

Dt. 10.4.2006


Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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