UMESH CHANDRA GUPTA Vs. SURYA PRAKASH GUPTA

JUDGEMENT

(1.) This is a writ petition by the landlord, challenging the order of the Additional District Judge, Court No.6, Allahabad, dated 2nd September, 2009, passed in Civil Revision No. 1549 of 1998, whereby the revision filed by the respondents-tenant has been allowed by setting aside the order of the Judge, Small Causes Court dated 18th November, 1998, passed in SCC Suit No. 31 of 1986.

(2.) The brief facts, giving rise to the present petition, are that the petitioner filed SCC Suit No. 31 of 1986 against Jagannath Halwai and his wife Devkali Gupta for eviction on the ground that the defendants have made a material alteration in the shop in dispute without the consent and permission of the landlord, which diminished value of the property. The allegation was that the defendants have covered the Chabutra in front of the shop and extended the shop by putting a shutter on the extended portion of the shop and further also constructed racks and almirahs without the consent and permission of the landlord. During the pendency of the suit, both, Jagannath Halwai and Smt. Devkali Gupta died and they were substituted by Surya Prakash Gupta and Anjali Gupta. The suit was decreed ex parte vide an order dated 8th August, 1986. The restoration application filed by the defendants has been rejected, which has been allowed in the revision and the suit has been restored. The defendants filed the written statement. Judge, Small Causes Court decreed the suit vide an order dated 18th November, 1998 against which the defendants filed Civil Revision No. 1549 of 1998, which has been allowed by the Additional District Judge, Court No.6, Allahabad vide order dated 2nd September, 2009, which is being challenged by means of the present petition.

(3.) Heard Sir Ksitij Shailendra, learned counsel for the petitioner and Sri Sharad Upadhyay, holding brief of Sri H.N. Singh, learned counsel for the petitioner.