MANOJ KUMAR YADAV Vs. MUNNA LAL GUPTA

JUDGEMENT

(1.) Heard Sri Ajay Kumar Singh learned council for the petitioner and Sri Chetan Chatterjee, learned counsel for the opposite parties.

(2.) This petition is filed at the instance of the tenant of the premises in question as directed against the order passed by the Judge, Small Causes dated 18.02 .2021 in S.C.C. No. 46 of 2021 as well as the order passed by the court sitting in revision dtd. 5/3/2022 in S.C.C. Revision No. 20 of 2021.

(3.) Briefly stated facts of the case are that respondent-landlord instituted a suit for recovery of arrears of rent and damages and for eviction after issuing notice dtd. 3/1/2015 to the tenant-petitioner determining the tenancy. He took a specific plea to the effect that the construction of tenanted premises were made in the year 2001 and that there was a written agreement between him and tenant petitioner executed on 1/12/2008 for an agreed rent of Rs.1,000.00 per month. Written statement was filed in the matter in which not only these averments made in paragraph Nos. 2, 5 and 9 of the plaint were admitted as it was clearly stated that these are not being denied. A particular statement had been made in paragraph No. 30 to the effect that the Act No. 13 of 1972 was not applicable. Taking this to be an admission on the part of the defendant of the plaint case, the landlord moved an application under Order XII, Rule 6, C.P.C. which was initially allowed by the Judge, Small Causes by judgment and decree dtd. 4/5/2019 which came to be challenged before this court directly by moving a petition being Matter Under Article 227 No. 607 of 2020 against which, a rivision petition was filed bearing No. 14 of 2019 which too was dismissed on 23/10/2019. Both these orders came to be challenged before this court on the plea that the objection moved by the petitioner and the application moved by the landlord were not considered at all.