SHAMBHOO NATH Vs. IIIRD ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) At the time of hearing, no one appeared on behalf of landlords contesting respondents. Accordingly, only the arguments of Sri G.M. Kamil, learned counsel for tenant petitioner were heard.

(2.) Landlady Smt. Kaniz Fatima Bibi, original opposite party No.2 since deceased and survived by legal representatives filed two SCC suits against two tenants. Number of the suit filed against the petitioner of this writ petition was S.C.C. Suit No.10 of 1982, Kanij Fatima Vs. Shambhu Nath. S.C.C. Suit No.9 of 1982 was filed by the same landlady against Jagdish Prasad, tenant of the adjoining accommodation. Property in dispute is a shop. Both the suits were dismissed by Munsif, Akbarpur, Faizabad exercising power of J.S.C.C. on 23.08.1984. Landlady filed two revisions against the said judgments being Civil Revisions No.165 and 167, both of 1984. Number of the revision filed against the petitioner was 167 of 1984. Both the revisions were allowed on 22.08.1986 and the suit of the plaintiff for eviction was decreed in each case. The number of the writ petition filed by Jagdish Prasad was Rent Control No.8870 of 1986. The said writ petition was heard by me. Initially both the writ petitions were allowed by me on 22.08.2013. However on the same date, i.e. 22.08.2013 I passed another order in this writ petition directing it to be listed for further hearing. Order dated 22.08.2013 is quoted below:

(3.) As far as question of default is concerned, the same is decided in favour of the petitioner on the same ground on which it was decided in favour of Jagdish Prasad through judgment dated 22.08.2013 passed in his writ petition, i.e. Rent Control No.8870 of 1986. Relevant para of the said judgment is quoted below: