RAMWATI Vs. IIND ADDITIONAL DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) B. K. Rathi, J. The petitioner filed a suit against the respondent Nos. 2 to 6 for eviction and recovery of arrears of rent which was SCC Suit No. 207 of 1980. The suit was decreed on 13-9-1994 by judgment, Annexure-1 to the petition by J. S. C. C. , Jhansi. Against that judgment the respondents preferred S. C. C. Revision No. 179 of 1994. The revision has been allowed and the suit has been dismissed by IInd Additional District Judge, Jhansi on 29-1-1998 by judgment, Annexure-3 to the petition. Therefore, the landlord petitioner has invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India.

(2.) I have heard Sri Rajiv Gupta, learned Counsel for the petitioner and Sri A. N. Bhargava, learned Counsel for respondent Nos. 3 to 6.

(3.) THE Revisional Court has reversed the findings. It has been argued by the learned Counsel for the petitioner that the Revisional Court has exceeded the well defined limits of the powers of revision under Section 25 of Provincial Small Cause Courts Act; that he himself scrutinised the evidence and arrived at a conclusion; that he has not mentioned any reason for disagreeing with the findings of the trial Court nor has mentioned any reason that the conclusion arrived at by the trial Court are not correct on the basis ofthe evidence adduced by the parties. It is, therefore, contended that the judgment of the Revisional Court is beyond its jurisdiction and scope of the revision is fit to be quashed.