YASWANT SINGH Vs. SMT. KANCHAN CHAUHAN

JUDGEMENT

(1.) By the present writ petition the Petitioner has prayed for a writ of certiorari quashing the order dated 1.3.2002 passed by Respondent No. 2 in Civil Revision No. 60 of 2001.

(2.) Briefly stated, the Petitioner has ' filed a suit under Sec. 6 of the Specific Relief Act praying for the possession of the premises claiming for a decree of dispossession of the Defendant on the ground that he was in possession from 1.2.1999 @ Rs. 600/ - per month and he has been wrongly dispossessed. The property in dispute has been sold by Akhtar Jahan to the Defendant on 28.8.1999.

(3.) A written statement has been filed by the Defendant where the plaint averments have been denied. It was denied that there was any relationship of landlord and tenant between the parties. On the basis of the written statement issue No. 4 was framed as to whether the court fee paid in the suit is sufficient or not. In para 20 of the written statement the Defendant has raised the following plea: