BHAGWANT KAUR Vs. TRILOK NATH NANDA

JUDGEMENT

(1.) This writ petition is directed against the concurrent judgment and order dated 26.3.2010 passed by the Judge Small Cause Court, Kanpur Nagar and order dated 5.7.2011 passed by Additional District Judge Court No. 10, Kanpur Nagar whereby the suit filed by the respondents for arrears of rent and ejectment has been decreed.

(2.) Brief facts of the case are as follows:

(3.) The respondents filed SCC Suit No. 402 of 2004 against the petitioner and her husband. The petitioner and her husband filed their written statement and contested the case. By means of an order dated 27.8.2008, the SCC Suit was decreed in favour of the respondents against which the petitioner preferred a revision under Section 25 of the Judge, Small Cause Court Act which was registered as Revision No. 95 of 2008. The Revisional Court by order dated 27.8.2009 allowed the revision filed by the petitioner and quashed the order dated 27.8.2008, and directed the trial Court to decide the matter as fresh according to law after affording opportunity of hearing to both the parties. Thereafter, Judge Small Cause Court by order dated 26.3.2010 again decreed the SCC Suit No. 402 and 2004 in favour of the respondents and directed the petitioner to vacate the portion of the disputed premises in her possession. Aggrieved and dissatisfied with the order dated 26.3.2010, the petitioner again filed a revision which was registered as SCC Revision No.39 of 2010 against the judgment and decree dated 28.3.2010 before the Additional District Judge, Court No. 7, Kanpur Nagar which was also rejected by its order dated 5.7.2011 affirming the decree passed by the Judge Small Cause Court. Hence, the present writ petition.