MAHAVIRI Vs. GHANSHYAM

JUDGEMENT

(1.) By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the order dated 7.9.2013 passed by IV Addl. District Judge Haridwar in Civil Revision No.7 of 2013 Ghanshyam vs. Smt. Mahaviri and others.

(2.) Brief facts of the case, giving rise to this writ petition are, that respondent filed a Small Cause Suit being No.13 of 2005 against the predecessor of petitioners for arrears of rent and ejectment. Predecessor of petitioners died during the pendency of the suit and subsequently the petitioners were impleaded as defendants. Prior to filing of the suit, a notice u/s 106 of Transfer of Property Act was given to the defendant petitioners terminating their tenancy. In the plaint, the respondent also alleged that the defendant was in arrears of rent w.e.f. 1.1.1986 to 19.10.2005, but in view of time barred rent, the respondent demanded the rent w.e.f. 7.11.2002. The suit was contested by the defendant/petitioners and written statement was filed denying the arrears of rent. It was specifically pleaded in para-15 of the written statement that no rent is due on the defendants. Thereafter, both the parties adduced their evidence. On the basis of pleadings, learned Judge, S.C.C. framed following issues:-

(3.) Learned counsel for the petitioner has vehemently urged that the learned revisional court has committed manifest error of law in holding that it was burden upon the defendant to prove the fact that rent was due w.e.f. 1.1.1986 since the trial court has decided issue no.1 in favour of the plaintiff. Since no revision has been preferred against that finding, therefore, the argument of learned counsel cannot be accepted.