VIRESH SINGH Vs. MAHESH CHANDAR GUPTA

JUDGEMENT

(1.) Heard Sri Vipin Kumar Saxena learned counsel for the defendant revisionist and Sri Rama Nand Gupta for the sole plaintiff respondent.

(2.) This is a revision under Section 25 of the Provincial Small Causes Court Act filed against judgment and order dated 24.09.2013 passed by the Additional District Judge, Court no. 1 in Misc. Case no. 01 of 2011 whereby the objection under Section 47 CPC filed by the revisionist judgment debtor has been rejected.

(3.) Learned counsel for the revisionist has submitted that the objection has been illegally rejected for the reason that the Court of Small Causes does not have jurisdiction to award arrears of rent prior to the date on which the tenancy has been determined and therefore the executing court ought to have considered the fact that the decree of the Small Causes Court Act dated 29.09.2007 passed in SCC Suit no. 04 of 1999 could not have been executed to that extent. According to learned counsel the decree that was passed by the Judge Small Causes Court was for recovery of Rs. 72,000/- as well as for eviction and @ Rs. 2000/- per month for future damages for use and occupation of the shop in question. According to him the objection of the petitioner under Section 47 CPC relating to recovery of the arrears prior to the determination of tenancy has been illegally rejected. In support of his submission he has placed reliance on a decision of this court in the case of Goverdhan Goyal and Others Vs Rishi Raj Singhal, 2013 3 AllLJ 394 and also in the case of Ram Autar Yadav Vs Daya Nand Swarup Pandey,2012 1 ARC 269.