BACHCHAN BABU Vs. VIJAY RAJ SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record. This writ petition has been filed with the prayer for quashing the judgment and orders dated 6.5.2008, passed in S.C.C. Suit No. 91 of 2004 and 23.7.2010, passed in S.C.C. Revision No. 29 of 2008.

(2.) The brief facts of the case are that the respondent-plaintiff filed S.C.C. Suit No. 91 of 2004 against the petitioner for eviction from the shop in dispute and recovery of arrears of rent. The petitioner contested the suit by filing written statement denying the plaint allegations. The Judge, Small Causes Court, Aligarh after hearing learned counsel for the parties and appreciation of record allowed Suit No. 91 of 2004 vide judgment and order dated 6.5.2008. Aggrieved by the aforesaid order, the petitioner preferred S.C.C. Revision No. 29 of 2008 which has also been dismissed by the revisional court vide judgment and order dated 23.7.2010.

(3.) On perusal of record, it appears that Judge, Small Causes Court, Aligarh has found that the suit was filed for eviction of the petitioner as a sum of Rs. 16,650 was due against him which was also sought to be recovered by the landlord.