VIKAS GUPTA Vs. RAM MAHADEV PRASAD

JUDGEMENT

(1.) This is a defendant's Civil Revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (Act No. 9 of 1887) against the order dated 30.10.2010 passed by the learned Additional District Judge/ Judge, Small Cause Court, Kanpur Nagar, whereby his application (49-Ga) for framing the issues has been rejected.

(2.) The essential facts are; the applicant / revisionist is a tenant of the premises bearing Municipal No. 361, Harrisganj, Cantt., Kanpur Nagar. The landlord-opposite party gave a notice under Section 106 of the Transfer of Property Act, 1882 (Act No. 4 of 1882) to the tenant-revisionist for eviction and arrear of rent. The landlord instituted SCC Suit No. 79 of 2007 in the court of Judge, Small Cause Court for recovery of arrears of rent and eviction. The applicant-defendant contested the suit by filing his written statement on 23 December 2009.

(3.) On 17 July 2010 the tenant-revisionist moved an application 49-Ga for framing the issues. The said application has been rejected by the Court of Small Causes vide impugned order dated 31.10.2010. Feeling aggrieved the tenant/ revisionist has filed the present revision.