LAWS(ALL)-2002-4-62

ZAHEER AHMAD Vs. IVTH ADDITIONAL DISTRICT JUDGE FATEHPUR

Decided On April 12, 2002
ZAHEER AHMAD Appellant
V/S
Ivth Additional District Judge Fatehpur Respondents

JUDGEMENT

(1.) 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 in Smt. Batasho Devi v. IIIrd Additional District Judge, Mathura and Ors. 1999 (2) ARC 862 and the second in Smt. Sushila and Ors. v. IVth Additional District Judge. Kanpur and Ors. 1999 (I) AWC 644 : 1998 (2) ARC 595.

(3.) IN the first case cited by the learned counsel for the petitioner in 1999 (2) ARC 862, this Court in paras