ZAHEER AHMAD Vs. IVTH ADDL DISTRICT JUDGE FATEHPUR

JUDGEMENT

(1.) ANJANI Kumar, J. This is tenant's petition under Article 226 of the Constitution of India. The landlord filed a suit for eviction of the tenant from the shop in question. The suit was dismissed by the trial Court. Aggrieved thereby the landlord preferred a revision before the Revisional Court. The Revisional Court after re-appreciating the evidence decreed the suit instead of remanding back the matter to the trial Court. Against the judgment and order of the Revisional Court the present writ petition has been filed.

(2.) LEARNED Counsel for the petitioner has relied upon two decisions of this Court one reported in ARC 1999 (2) ARC 862, Smt. Batasho Devi v. IIIrd Additional District Judge, Mathura and others, and the second reported in Allahabad Rent Cases 1998 (2)-595, Smt. Sushila and others v. IVth Additional District Judge, Kanpur and others.

(3.) IN view of above observation relied upon by the learned Counsel for the petitioner the suit should have been remanded back by the Revisional Court to the trial Court for deciding afresh instead of decreeing the suit as has been done in the present case.