LAWS(ALL)-2012-8-272

NAZIM ALI Vs. SMT. ASGARI BEGUM AND ORS.

Decided On August 08, 2012
Nazim Ali Appellant
V/S
Smt. Asgari Begum and Ors. Respondents

JUDGEMENT

(1.) Heard Sri Shahid Ali Siddiqui, Advocate for the petitioner and perused the record. The petitioner is aggrieved by order dated 21.5.2011 passed by Judge Small Cause Court, Aligarh allowing SCC Suit No. 16 of 1992 filed by respondents seeking eviction and recovery of rent from petitioner. The Trial Court decreed the suit and Revisional Court by means of impugned revisional order dated 5.3.2012 has dismissed the revision affirming Trial Court's judgment. Learned Counsel for the petitioner submitted that respondents were actually not the landlords and this plea was specifically taken by petitioner in his written statement but the Courts below have wrongly held that respondents were landlords and there was relationship of landlord and tenant between petitioner-tenant and respondents-landlords.

(2.) These are the findings of facts recorded by Court below and in absence of anything to demonstrate the same to be perverse or contrary to record or otherwise illegal, no interference is warranted in the concurrent findings of facts.

(3.) It is further contended that the petitioner on his own handed over pos-session to deceased landlord's nephew (sister's son) and he was not made party, therefore, the decree of eviction against petitioner is illegal,