SHARIF AHMAD Vs. IRSHAD

JUDGEMENT

(1.) S. U. Khan, J. This is tenant's writ petition arising out of a suit filed by landlord/respondent against him for recovery of rent only. The suit was registered as S. C. C. Suit No. 33 of 2001 and was decreed by J. S. C. C. , Bijnor through judgment and decree dated 11-4-2002 for recovery of Rs. 2,250/- as rent from 16-8-1996 to 30- 7-1997 at the rate of Rs. 300/- per month. Through the said decree future rent was also awarded. Tenant/petitioner filed a revision against the said judgment and decree under Section 25 P. S. C. C. Act being S. C. C. Revision No. 24 of 2002. The District Judge, Bijnor through judgment and order dated 16-9- 2003 substantially confirmed the judgment and decree passed by the trial Court. However, decree for future rent awarded by the trial Court was set aside by the Revisional Court. This writ petition is directed against the aforesaid judgment of the Revisional Court and judgment and decree passed by trial Court.

(2.) AS far as decree of the trial Court awarding future rent is concerned it was clearly beyond jurisdiction. In a suit in between landlord and tenant unless possession is asked for the pendente lite and future rent cannot be decreed (Order XX, Rule 12, C. P. C. ). The Revisional Court rightly set aside that part of the decree.

(3.) HOWEVER, as far as finding regarding rate of rent being Rs. 300 per month is concerned, no immunity from interfere in exercise of writ jurisdiction can be granted to the same.