SHARDA DEVI Vs. A D J

JUDGEMENT

(1.) Heard Sri B.K. Pandey, learned counsel for the petitioner and Sri A.K. Singh, learned counsel for the respondent no. 2.

(2.) Admittedly the suit for ejectment and recovery of rent was filed being S.C.C. Suit No. 59 of 2003 by respondent no. 2 against petitioner-tenant. The aforesaid suit was contested by petitioner-tenant and thereafter vide Small Cause Court Varanasi's judgment dated 15.11.2007 the suit was decreed. The petitioner was directed to handover vacant possession of premises in dispute to respondent no. 2-landlord alongwith arrears of rent for the month of June 2000 to May 2003.

(3.) It is admitted that petitioner did not challenge the said judgment and order dated 15.11.2007 within the period of limitation before any higher Court. It is almost after two and half years, i.e., in March 2010, petitioner filed Small Cause Revision No. 108 of 2010 alongwith an application under Section 5 of Limitation Act and therein the reason for delay was explained in para 11 and 12 that previous counsel did not inform her about the judgment dated 15.11.2007, and, she came to know only when pursuant to Execution Case No. 18 of 2009, the Court Amin visited the disputed accommodation. Thereafter the petitioner contacted her counsel, got the record inspected on 04.03.2010, and thereafter she applied for certified copy and filed revision.