ABDUL KALEEM Vs. GANGA DEVI

JUDGEMENT

(1.) For the reason stated in the application, delay in filing the application for modification is condoned. CLMA No. 3820 of 2015 stands disposed of accordingly.

(2.) Smt. Ganga Devi, respondent herein, has filed SCC Suit No. 33 of 2011 against the tenant -petitioner claiming herself to be landlord and writ petitioner as her tenant in the property in question. Learned Trial Court was pleased to decree the suit vide judgment and decree dated 11.10.2013. Judgment of the learned Trial Court was assailed in Revision No. 109 of 2013 under Sec. 25 of the Provincial Small Cause Courts Act before this Court. Revision was disposed of with the consent of learned counsel appearing for the parties and tenant -petitioner was permitted to handover peaceful vacant possession to the tenant landlord on or before 30.04.2015.

(3.) It is submitted by Mr. H.S. Sharma, learned counsel for the tenant petitioner that after the disposal of the revision with the consent of the parties, vide order dated 18.11.2013, one Sri Yunus Beg has filed OS No. 469 of 2014 in the Court of Civil Judge (SD), Dehradun which was later on transferred and pending disposal in the Court of 1st Additional Civil Judge (SD), Dehradun claiming himself to be the owner of the property for possession as well as permanent prohibitory injunction against Smt. Ganga Devi (plaintiff/respondent herein) as well as against the petitioner herein impleading few other defendants, therefore, tenant/petitioner is not duty bound to hand over the possession to Smt. Ganga Devi, whose title/ownership is in dispute in OS No. 469 of 2014 till Smt. Ganga Devi is held to be owner thereof.