BHOORI Vs. MAUJANA MOHD. YAQUB & ANOTHER

JUDGEMENT

(1.) Heard Sri Chetan Chatterjee, learned counsel for the petitioner and perused the record.

(2.) This petition is directed against the order dated 16th of Aug., 2011 passed by Judge, Small Causes Court, Saharanpur in SCC Suit No. 68 of 2003 decreeing the suit for eviction and recovery of arrears of rent and revisional order dated 30th of May, 2012 passed by Additional District Judge, Court No. 11, Saharanpur dismissing revision.

(3.) Firstly, counsel for the petitioner submitted that both the courts below have not considered her submission that it is only a vacant land which was leased out to petitioner's ancestors long back and the construction thereon was not made by landlord and, therefore, the impugned judgments are liable to be quashed. Secondly, it is contended that property in dispute was sold to respondent no. 3 during the pendency of suit and, therefore, suit was not maintainable in view of Sec. 109 of the Code of Civil Procedure .