R.L. AGGARWAL Vs. IIIRD ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) BEING aggrieved by an order passed by the Revisional Court dated 14.5.1991 upholding the order of the trial Court dated 6.6.1985 whereunder it had rejected an application the defendant-petitioner seeking recall of the order dated 17.8.1982 and the order passed by the Revisional Court of the same date, dismissing the petitioner's revision directed against the judgment and decree passed by the trial Court dated 16.7.1985 whereunder the S.C. Suit No. 110 of 1976, filed against him seeking his eviction from the premises in dispute and recovery of arrears of rent and damages for the use and occupation pendente lite and future had been decreed, the petitioner has now approached this Court.

(2.) THE parties have exchanged the affidavits and I have heard Mr. Rajesh Tandon, learned Counsel for the petitioner, Mr. R.K. Jain, learned Senior Counsel as well as Mr. H.S. Nigam, learned Counsel representing the landlord-respondents and have perused the record.

(3.) I have perused the impugned order dated 14.5.1991. It will be noted that the suit had been decreed by the trial Court on 16.7.1985. During the pendency of suit the order whereunder the defence of the defendant had been struckoff was affirmed in revision. In such circumstances, the order dated 14.5.1991, passed by the Revisional Court cannot be held to be vitiated by any error or jurisdiction so as to warrant an interference by this Court in the present proceedings.