SHIV NATH KAPOOR Vs. COMMITTEE ARYA ANATHALAYA

JUDGEMENT

(1.) Heard counsel for the petitioner, Sri S.K. Pandey for caveator respondent and perused the record. By this petition, the tenant petitioner challenges the validity and correctness of the judgment and order dated 17.7.2009 passed by Judge, Small Causes Court, Bareilly in S.C.C. Suit No. 27 of 2003 appended as Annexure-7 to the writ petition as well as judgment and order dated 17.2.2011 passed by Additional District Judge, court No. 1, Bareilly in S.C.C. Revision No. 23 of 2009 appended as Annexure-8 to the writ petition.

(2.) Facts of the case in brief are that petitioners are father and son. Petitioner No. 1-Shiv Nath Kapoor was the original tenant of the respondent at the rate of Rs. 15 per month in the quarter situated at Arya Samaj Anathalaya, Civil Lines, Bareilly. The tenancy was month to month commencing from first day of each month of English calender.

(3.) S.C.C. Suit No. 65 of 1989 was earlier filed by the landlord for arrears of rent and eviction of the petitioner from the premises in dispute. The suit was dismissed by the Additional Judge, Small Causes Court, Bareilly vide judgment and order dated 29.3.199. The revision preferred by the landlord was also dismissed by IXth Additional District and Sessions Judge, Bareilly by judgment and order dated 23.8.1997.