DHARAMPAL Vs. PRABHA RANI GUPTA

JUDGEMENT

(1.) By means of this petition, the petitioner has sought a writ in the nature of certiorari to quash the impugned judgment and order dated 23.03.2013 passed by IIIrd Additional District Judge, Haridwar in Civil Revision No. 23 of 2012, Dharampal vs. Smt. Prabha Gupta and also the judgment and order dated 04.08.2012, passed by the Court of Judge, SCC/Civil Judge (S.D.) Roorkee in SCC Case No. 16 of 2010 Smt. Prabha Gupta vs. Dharampal.

(2.) Briefly stated facts of the case, giving rise to this petition are that the respondent filed a suit for eviction and arrears of rent claiming herself to be the land lord and owner of the property in question. The case was registered as SCC Case No. 16 of 2010, Smt. Prabha Gupta vs. Dharampal before the Judge, SCC/Civil Judge (S.D.), Roorkee. The Petitioner/defendant contested the suit by filing written statement wherein averments made in the plaint were denied, it was alleged that he had not defaulted in the payment of rent and arrear of rent.

(3.) Plaintiff/respondent in support of his case, filed notice dated 12.03.2010, which was issued under Section 106 of the Transfer of Property Act, 1882 for termination of tenancy of the petitioner and other documents and also filed affidavit as PW1.