SHANKER CYCLE STORE (M/S.) Vs. GULAB SINGH

JUDGEMENT

(1.) Issuing notice to the landlord-respondent and staying the proceedings of the suit will be detrimental to the landlord himself, hence this writ petition is finally disposed of at admission stage without issuing notice to the landlord. If he is aggrieved by this order he is at liberty to file an application to recall this order.

(2.) The respondent-landlord filed SCC Suit No. 6 of 1998 against tenant, petitioner for ejectment and recovery of arrears of rent and damages for use and occupation. The tenant-petitioner has succeeded in dragging the suit for 7 years. Through the order dated 27th May, 2005 the Trial Court rejected the application of the petitioner for adducing documentary evidence in respect of payment of rent filed at belated stage. That order was confirmed by the District Judge, Pilibhit on 20th July, 2005. Both the orders dated 27th May, 2005 passed by the Trial Court rejecting the said application and the order dated 20th July, 2005 of the District Judge, Pilibhit passed in SCC Revision No. 4 of 2005 have been challenged through the present writ petition.

(3.) Even though the conduct of the petitioner is not above board, however, in the interest of justice I am of the opinion that the petitioner deserves one last opportunity to adduce documentary evidence.