SAMRUNNISA Vs. XTH ADDL DISTT JUDGE KANPUR

JUDGEMENT

(1.) A. K. Yog, J. This petition has been filed by Smt. Samrunnisa against the im pugned order and judgment dated 8-8- 1990 (Annexure VI to the writ petition) passed by Xth Additional District Judge/respondent No. 1 whereby he al lowed the rent Revision No. 111. of 1988 in favour of Respondent No. 3 and the case was directed to be remanded back to the trial Court-delegated authority for a decision afresh. The Respondent No. 1 allowed the revision on two grounds viz. : (i) The person who had leased/allotted the properly in favour of the petitioner was the same person who allowed the revision under Section 16 (5) of the Act No. XIII of 1972 (hereinafter called as the Act) and (ii) The rejoinder affidavit which was filed on 20-6-1988 should not have been taken into account unless opportunity was given to other side. No copy of rejoinder-affidavit was given to Mukhiar Ahmad--the opposite party in the proceeding under Section 16 (S) of the Act No. XIII of 1972.

(2.) HEARD Sri A. N. Sinha, learned Coun sel for the petitioner and Sri MA. Qadeer, learned Counsel appearing on behalf of Respondent No. 3and perused the record.

(3.) THE impugned order dated 8-8-1990 (Annexure VI to the writ petition) in Revision No. Ill of 1988 is hereby quashed with the direction to the Revisional Court to decide the case on merit within three months. Considering that the case relate to the year 1988.