MADAN MOHAN KUKRETI Vs. DISTRICT JUDGE

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of Constitution of India, the petitioner/landlord has sought writ in the nature of certiorari, quashing judgment and order dated 3-12-1997, passed by Distt. Judge, Pauri Garhwal, in Small Cause Case Revision No. 5 of 1997.

(2.) BRIEF facts of the case, as narrated in the writ petition are that the petitioner instituted suit No. 1 of 1996, before Judge, Small Causes Court/Civil Judge (Jr. Division) at Kotdwar against the Respondent No. 3 for the eviction and recovery of arrears of rent and mesne profits, after giving notice to him under Section 106 of Transfer of Property Act, 1882 and thereby determined his tenancy. The said suit, after hearing the parties was decreed by the Judge, Small Causes Court, vide its judgment and order dated 7-6-1997. Respondent No. 3/tenant filed a revision against said order before District Judge, Pauri Garhwal (respondent No. 1) which was registered as Small Cause Case Revision No. 5 of 1997. Learned District Judge, after hearing the parties, allowed the revision and dismissed the suit No. 1 of 1996. It is alleged by the petitioner that the respondent No. 1 has wrongly allowed the revision on the ground that the said suit was barred by the principle of res-judicata. It is further alleged in the petition that earlier suit No. 3 of 1990 which was decided on 14-11-1995, related to the arrears of rent for the period July 1986 to October 1989, and the present suit No. 1 of 1996 in question, relates to arrears of rent of subsequent period and on different cause of action.

(3.) THIS writ petition was initially filed before Allahabad High Court, wherefrom it received under Section 35 of U.P. Reorganization Act, 2000, for its disposal.