BAL KRISHNA AGRAWAL Vs. CHANDRA KISHORE JAIN

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the record.

(2.) THE brief facts of the case are that S.C.C. Suit No. 85 of 1998 was filed by Plaintiff -Respondent -Chandra Kishore Jain, for relief of eviction of the Petitioner claiming that his tenancy had been determined vide notice dated 1.7.1998. The suit was dismissed vide order dated 29.4.2006. The cross objection of the Petitioner was also rejected by the revisional court vide order dated 26.7.2010 on the ground of delay. Aggrieved by the aforesaid judgment and order dated 26.7.2010, the tenant -Petitioner has filed writ petition No. 45643 of 2010 which was also dismissed by the High Court vide its judgment and order dated 5.8.2010. In the meantime, Respondent -landlord also preferred revision challenging the finding of the revisional court on the ground that as deposit had been made after service of notice dated 1.7.1998 on 2.7.1998, it had become invalid. Subsequently, the Addl. District & Sessions Judge, Room No. 9, Allahabad allowed the revision No. 257 of 2006 and set aside the judgment dated 29.4.2006 passed by J.S.C.C. in S.C.C. Suit No. 85 of 1998 vide order dated 14.12.2010. Aggrieved by the aforesaid order dated 14.12.2010, the Petitioner has come up in this writ petition.

(3.) SRI . Pramod Jain, appearing for the Respondents submits that the finding recorded by the revisional court is not final when the matter has been remanded for fresh consideration.