SUBHASH CHANDRA PURWAR Vs. DISTRICT JUDGE MAHOBA

JUDGEMENT

(1.) HEARD Smt. Abha Gupta, learned counsel for the petitioner and Sri Shesh Kumar, learned counsel appearing for respondent No.2.

(2.) THIS writ petition though by referring to Article 226 of Constitution has been filed but in substance it has invoked supervisory jurisdiction of this Court under Article 227 of Constitution assailing judgment dated 25th February, 1999 (Annexure 4 to the writ petition) passed by District Judge, Mahoba in S.C.C. Revision No.01 of 1998 (Laxman Prasad Tamakar Vs. Subhash Chandra Purwar) whereby Revisional Court while allowing revision has set aside the judgment and decree dated 23rd December, 1997 passed by Small Cause Court/Civil Judge (Junior Division) Mahoba in S.C.C. Suit No.01/1995.

(3.) THE suit was contested by defendant-tenant denying any default in payment of rent. It is said that rent was paid upto May, 1995 though landlord did not furnish any receipt despite repeated demand. It is also stated that house tax and water tax not payable separately but were included in the rent itself. Though it was not disputed that tenant had a residential building (house) at Subhash Chowk, Mahoba but there is no shop therein. The place where the house is situated is not suitable for market. The other grounds regarding goodwill, long continuance of tenancy were also taken.