RAUF Vs. IIIRD ADDITIONAL DISTRICT JUDGE DEORIA

JUDGEMENT

(1.) A.S.C.C. Suit No. 114 of 1973 for ejectment of the present petitioner from the tenanted accommodation and for recovery of arrears of rent and mesne profits was instituted by the respondent No. 2 -Ganesh Das. The said suit was dismissed by the trial court on 15th December, 1975. The respondent No. 2 - landlord preferred a revision application No. 11 of 1976 under Section 25 of the Provincial Small Causes Courts Act. It was allowed by order dated 8.2.1977 by the then IIIrd Additional District and Sessions Judge, Deorta. Accordingly, suit for ejectment of the petitioner from the disputed accommodation and for realization of Rs. 526.08 N.P. was decreed, besides mesne profits with Interest at the rate of 9 per cent per annum. It is this revisional order which has been challenged by the petitioner-tenant in writ jurisdiction under Article 226 of the Constitution of India.

(2.) The petition was dismissed on 3.1.2001 as even after the revision of the list, none appeared on behalf of the petitioner. Thereafter, an application supported by an affidavit for recall of the aforesaid order as well as for condonation of delay was moved. With the consent of the learned counsel for the parties, the writ petition was listed for hearing on merits and the dispossession of the petitioner pursuant to the decree passed by the revisional court was stayed. The order dated 3.1.2001 dismissing the petition is hereby recalled and the petition is restored to its original number for hearing on merits.

(3.) Ganesh Prasad, landlord-respondent No. 2 died on 16.5.1982. An application for substitution was moved. Vijay Kumar, son of late Ganesh Prasad has also moved application for his impleadment as the sole legal heir on the basis of a will in his favour. His name has been substituted by the Executing Court in Execution Case No. 9 of 1980 (new number 9 of 1989) in place of the original decree holder. Accordingly, Vljay Kumar is substituted in the writ petition in place of the deceased landlord-respondent No. 2 - Ganesh Prasad.