CHANDRA SHEKAR GAUR Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 31.05.2000, passed in SCC suit No. 42 of 1978, by Judge Small Cause Court/Civil Judge (Jr. Division), Haridwar and the order dated 07.08.2003, passed in SCC revision No. 32 of 2000, passed by Additional District Judge/Ist Fast Track Court, Haridwar, affirming the decree passed by Judge Small Cause Court.

(2.) HEARD learned counsel for the parties.

(3.) BRIEF facts of the case are that respondent No. 3 Krishan Gopal and his mother Raj Dulari, claiming themselves to be landlords, instituted suit for eviction and recovery of arrears of rent (after determination of tenancy on the ground of default in payment of rent under Section 20 of U.P. Act No. 13 of 1972 read with Provincial Small Causes Court Act, 1887, as amended by State of Uttar Pradesh) against the original defendant Shiv Kumar, before the Judge Small Causes Court, Haridwar. Said suit was initially dismissed by the trial court vide judgment and order dated 22.09.1980 and the same was affirmed by the revisional court vide order dated 23.07.1981. Both the orders i.e. 22.09.1980 and 23.07.1981, challenged by the landlords before the Allahabad High Court by filing civil misc. writ petition No. 10992 of 1981. Said writ petition was decided vide order dated 23.04.1999, a copy of which is annexure -3 to this writ petition. In said writ petition, Allahabad High Court, passed between the parties in earlier round of litigation (in S.C.C. Suit No. 19 of 1973) was binding on them and as such, it held that Shiv Kumar was the tenant and Ram Kishan was the landlord. The present landlords (Krishan Gopal and others) are the transferees of said Ram Kishan. Statement of deceased/defendant Shiv Kumar, recorded on 31.07.1980, contained in admission that he was the tenant in premises in question for some 20 -22 years. It is also not disputed that during the pendency of the aforesaid writ petition (No. 10992 of 1981) Shiv Kumar died and in his place present petitioner - Chandra Shekhar Gaur was substituted. The Allahabad High Court vide its order dated 23.04.1999, passed in writ petition No. 10992 of 1981, remanded the case to the trial court for deciding suit No. 42 of 1978 afresh. Consequently, Judge small Cause Court, passed impugned decree dated 31.05.2000, whereby the suit was decreed against present petitioner -Chandra Shekhar Gaur. Said decree is affirmed vide order dated 07.08.2003, passed by revisional court (Additional District Judge/Ist Fast Track Court) in civil revision No. 32 of 2000. Hence this petition.