MAQSOOD Vs. SARLA DEVI

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record. This writ petition has been filed challenging the validity and correctness of the impugned judgment and order dated 28.1.2010 passed by Judge, Small Causes Court in S.C.C. Suit No. 24 of 2001 and order dated 29.7.2010 passed by Additional District Judge, Court No. 3 in S.C.C. Revision No. 6 of 2010, appended as Annexures 15 and 18 respectively to the writ petition.

(2.) The brief facts of the case are that the plaintiff-respondent filed S.C.C. Suit No. 24 of 2001: Smt. Sarla Devi v. Maqsood in the Court of Judge Small Causes/Civil Judge (Senior Division) Kairana, inter alia stating therein that the petitioner/tenant has not deposited rent and taxes since 31.1.1989 and pursuant thereto his tenancy was terminated by notice dated 17.4.2001. The respondent prayed for eviction of the tenant for the accommodation in dispute.

(3.) The suit was contested by the tenant-petitioner by filing written statement. An amendment application to amend the written statement was also filed by the petitioner which was allowed by the Court. Thereafter he filed additional written statement on 30.5.2005 to the amendment application which was replied by the respondent-landlord. Subsequently, the suit was decreed by the Court below on 28.1.2010 holding that the petitioner to be in arrears of rent is liable to be evicted. The petitioner preferred S.C.C. Revision No. 6 of 2010 before .