SHASHI BALA AGARWAL Vs. BRAHMA PRAKASH AGARWAL

JUDGEMENT

(1.) BY means of present writ petition, the writ petitioner seeks to set aside the impugned judgment and order dated 17.11.2000 (annexure 5 to the writ petition), passed by learned District Judge, Nainital, whereby the revision preferred by the respondent Brahma Prakash Agarwal was allowed, the judgment and decree passed by the trial court on 04.08.2000 was set aide and the plaintiff's suit against the defendant for ejectment was dismissed. Plaintiff was, however, permitted to withdraw the amount deposited by the defendant before the trial court.

(2.) THE trial court, vide order dated 04.08.2000, decreed the suit of the plaintiff and directed the defendant to vacate the property in question. The suit was also decreed for realization of the rent and mesne profits. The said judgment and decree was set aside by the revisional court vide order dated 17.11.2000. Aggrieved against the same, present writ petition is filed by the plaintiff -writ petitioner Smt. Shashi Bala Agarwal.

(3.) THE chronology of the events is as follows: