SALIK CHANDRA SINGH Vs. DISTRICT JUDGE

JUDGEMENT

(1.) In this case, the petitioner is aggrieved by the order dated 28-1-1991 passed by the Judge small causes court rejecting the application of the petitioner for cross-examination of the plaintiff-decree holder and the order dated 13-2-1991 passed by the Learned District Judge in revision under Section 25 of the Provincial Small Causes Court Act. At the outset I may indicate that this case is a glaring example of abuse of the process of the Court. In spite of prolonged litigation upto the Supreme Court stage since 1982 and the petitioner haying given undertaking for handing over vacant and peaceful possession to the landlady has some how tried to keep the landlady entangled in litigation and the landlady has not been able to obtain the possession so far.

(2.) In short the facts of the case are that a suit for arrears of rent and ejectment being J.S.C.C. suit No. 23 of 1973 was decreed on 10-2-1982 and execution proceedings were initiated in Execution case No. 65 of 1983 on 1-10-1983. It appears that the judgment-debtor approached the Hon'ble Supreme Court but he could not get any success. However, the Hon'ble Supreme Court was pleased to grant two months' time to the judgment-debtor subject to the following undertaking to be given:

(3.) The petitioner judgment-debtor in order to further delay the execution of the decree moved an application on 25-4-1984 that he has already vacated the premises and the execution is liable to be struck off. The landlady decree-holder filed objections controverting the allegations and alleging that he has not received the possession and the judgment-debtor is still occupying the same. To decide this controversy some witnesses were examined on behalf of the judgment-debtor and the landlady Smt. Savitri Devi was also examined. At this stage on 12-11-1990 the petitioner judgment-debtor filed an application to recall the plaintiff landlady for cross-examination. This was objected by Smt. Savitri Devi by application dated 3-12-1990. The judge small causes court rejected this application by order dated 28-1-1991 and directed the Amin to deliver possession to the landlady decree-holder. The revision against the aforesaid order was also dismissed by order dated 13-2-1991. Both these orders have been impugned in the present writ petition.