ABDUL SATTAR ANSARI Vs. ADDL DISTRICT JUDGE

JUDGEMENT

(1.) S. U. Khan, J. This is tenant's writ petition. Landlord respondent filed suit for eviction against the tenant petitioner being SCC Suit No. 24 of 1984. Tenant raised several points in his defence including the point that no notice was served upon him. JSCC Civil Judge, Jhansi decided all the issues against the tenant except issue of service of notice upon the tenant/petitioner/defendant No. 1. Trial Court dismissed the suit by judgment and order dated 20-7-1996 holding that notice was not served upon defendants. Landlord respondent filed revision against the said judgment and decree being SCC Revision No. 114 of 1996. Revisional Court reversed the findings of Trial Court regarding the service of notice and held that notice was served upon the tenant petitioner defendant No. 1. However, Revisional Court refused to re- determine the validity of other points decided by the trial Court against the tenant on the ground that petitioner had not filed any appeal.

(2.) IN my opinion Revisional Court was wrong. Even in the absence of appeal, revision or cross objection respondent is entitled to urge on the principle of Order XLI, Rule 33, CPC that the point decided against him by the Court below have wrongly been decided. IN the said contingency Revisional Court has to decide the plea raised by the respondent. IN this regard reference may be made to AIR 2002 SC 2562.

(3.) REVISIONAL Court must hear and decide the argument of the petitioner (who is respondent No. 4 in the revision) regarding the correctness of the findings recorded by the trial Court against him. The REVISIONAL Court must also decide afresh the question of service of notice also keeping in mind the view expressed in 1979 AWC 746. The REVISIONAL Court is directed to decide the revision within four months from the date of production of a certified copy of this order. Both the parties are directed to appear before the revisional Court on 2-4-2004 with a certified copy of this order, on which date, the REVISIONAL Court must fix the date of argument. Petition allowed. .