KUMAR SUPREVA SEN Vs. VTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE writ petition was allowed ex parte on merits by an order dated 9.11.1982. Subsequently upon an application moved on behalf of the respondent, the judgment and order dated 9.11.1982, were recalled and the writ petition was restored to its original number. Therefore, both the parties argued the case on merits. The petition is now being disposed of on merits after hearing both the learned counsel for the parties.

(2.) THIS is plaintiff's petition directed against an order passed by the learned Vth Additional District Judge, Meerut, dated 12.10.1979, allowing a revision filed by the defendant (respondent No. 3 here in) under Section 25 of the Provincial Small Cause Courts Act and setting aside the decree passed by the trial Court decreeing the petitioner's suit for ejectment as well as recovery of arrears of rent and damages.

(3.) THE suit was contested by the defendant who asserted that he had not committed any default and was hence not liable to be ejected.