VIRENDRA KUMAR CHOPRA Vs. RAM NARAIN

JUDGEMENT

(1.) The petitioner-tenant, who is aggrieved by the order dated 21st August, 2002, passed by the Judge Small Cause Court, Kanpur Nagar in Suit No. 220 of 1992 and the order dated 25th February, 2003, passed by the revisional court in S.C.C. Revision No. 70 of 2002, approached this Court by means of this writ petition under Article 226 of the Constitution of India.

(2.) The brief facts, as stated in the writ petition, are as under : That the premises in question was let out to petitioner's father, Sri Girdhari Lal Chopra, in the year 1950. Sri Girdhari Lal Chopra, father of the petitioner, died in the month of October, 1986, leaving behind the petitioner -- Virendra Kumar Chopra, Vijay Chopra and Rajeev Chopra, All the three sons of late Girdhari Lal Chopra, according to the petitioner, succeeded the tenancy of late Girdhari Lal Chopra. The respondent-landlord served a notice dated 29th January, 1991 to the petitioner for payment of arrears of rent as the tenant is in default of rent for more than four months and for ejectment after termination of tenancy. The notice was served on the tenant. A suit was filed on 28th March, 1992. being Suit No. 220 of 1992 for ejectment of the petitioner and recovery of arrears of rent and damages. The trial court by its judgment and order dated 16th July, 1996, decreed the Suit No. 220 of 1992. Aggrieved thereby the petitioner preferred a revision before the revisional court being Revision No. 92 of 1996. Another revision was filed by the landlord being Revision No. 100 of 1996. The revisional court by its order dated 14th February, 1997, allowed both the revisions and remanded back the matter to the trial court for decision in accordance with the observations made in the order of the revisional court. During the pendency of the case after remand an application for amendment of written statement was filed before the trial court by the petitioner-tenant which has been rejected by the trial court by order dated 28th April, 1997. The petitioner preferred a revision against the order dated 28th April, 1997, before the revisional court which was dismissed on 22nd August, 1998. Thereafter a Writ Petition No. 28377 of 1998 was filed by the petitioner before this Court against the remand order dated 14th February, 1997, passed by revisional court and this Court dismissed the said writ petition by judgment dated 27th July, 2000.

(3.) After remand the trial court by its judgment and order dated 21st August, 2002, decreed the Suit No. 220 of 1992 after complying with the direction of the remand order of the revisional court. The petitioner-tenant preferred a revision being S.C.C. Revision No. 70 of 2002 challenging the order dated 21st August, 2002, whereby the trial court decreed the suit. During the pendency of revision before the revisional court the petitioner-tenant approached this Court by way of Writ Petition No. 42705 of 2001 against order dated 4th September, 2001, which was dismissed by this Court by order dated 18th December, 2001, with the observations that proceedings in S.C.C. Suit may be decided expeditiously, preferably within six months from the date of filing the certified copy of the judgment dated 18th December, 2001.