NARAINI DEVI Vs. IIND ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition has been filed by the landlord for quashing the judgment dated 28.7.1984 passed by the IInd Additional District Judge, Agra where by the revision has been allowed and judgment and decree of the Judge Small Causes Court dated 30.7.1983 decreeing the suit of the landlord petitioner for recovery of arrears of rent and ejectment has been set aside and suit has been dismissed.

(2.) The dispute relates to house No. 34/Naubasta Loha Mandi, Agra of which the petitioner is the owner and landlady and in a part of the said building respondent No. 2 was tenant on monthly rent at Rs. 50/- per month. As there was default in payment of rent since 1.11.1976, the petitioner after terminating the tenancy filed a suit for recovery of arrears of rent and ejectment which was registered as SCC Suit No. 1179 of 1981, Narayani Devi v. Sitaram. The tenant contested the suit and filed written statement and claimed to be the owner of the disputed premises on account of adverse possession. The trial Court held that the plaintiff petitioner was the owner and landlord and the defendant-respondent No. 2 was the tenant of the premises in dispute and there existed relationship of landlord and tenant between them. It further held that there was default in payment of rent. The trial Court vide judgment-dated 30.7.1983 decreed the suit for recovery of arrears of rent and ejectment.

(3.) The tenant filed revision under Section 25 of the Provincial Small Causes Court Act, 1887 (in short referred to as the 1887 Act) which was registered as Civil Revision No. 116 of 1983. The Revisional Court vide judgment dated 28.7.1984 recorded a finding that there existed no relationship of landlord and the tenant between the parties and therefore, the suit had been wrongly decreed. It accordingly allowed the revision and set aside the judgment and decree of the trial Court and dismissed the suit. Aggrieved by the same, the present petition has been filed by the landlord.