LAWS(DLH)-1997-5-31

MOHAMMAD SULTAN Vs. ANWAR ANEES

Decided On May 08, 1997
MOHAMMAD SULTAN Appellant
V/S
ANWAR ANEES Respondents

JUDGEMENT

(1.) On 18.12.1996, this Court had directed default notice to be issued to the Counsel for the petitioner and notice of actual date be given to the respondent for 26.2.1997. Counsel for the parties were duly served. The revision petitions had been appearing in the list of regular items from 21.4.1997. However, none appeared on behalf of the petitioner or respondent. I have, therefore, proceeded to dispose of the petitions on the basis of available record.

(2.) Revision Petition No. 439/90 has been filed against the common judgment dated 16.1.1990, passed by Sh. Kuldip Singh, the then Judge, Small Causes Court. By the said judgment, learned Judge decided two suits for recovery filed by the respondent. The suits were filed to recover the rent for the period September, 1986 to August, 1989. The respondent claiming to be the owner/landlord filed the said suits for recovery of rent against the petitioners, herein. Suit No. 725/89 was filed against one Shamshuddin, petitioner in Civil Revision No. 440/90, while Suit No. 726/89 was filed against Mohd. Sultan, petitioner in Civil Revision No. 439/90.

(3.) The rent was claimed as due from September, 1986 till August, 1989, in both the suits. The rate of rent in the case of Shamshuddin was Rs. 20.00 p.m. and in the case of Mohd. Sultan, it was Rs. 15.00 p.m. The respondents claimed that they had purchased the property by a registered sale deed from Mst. Khatija Begum.