NARAIN SHANKAR SHARMA Vs. ASHA ASTHANA

JUDGEMENT

(1.) By means of present writ petition under Article 226 of the Constitution of India, the petitioner-landlord challenges the order dated 13th December, 2004, passed by the appellate court, whereby the lower appellate court dismissed the appeal filed by the petitioner against the order dated 9th August, 1995, passed by the Judge, Small Causes Court by which the trial court has allowed the claim of the petitioner-landlord in part.

(2.) The facts leading to the filing of the present writ petition are that the plaintiff-landlord, petitioner in this writ petition, filed a suit against the respondent-defendant, who is tenant of the accommodation in dispute after terminating his tenancy from the accommodation in dispute for recovery of arrears of rent and ejectment. At the time of the disposal of the case, the suit filed by the petitioner was transferred to the Court of Judge, Small Causes Court, Bulandshahr, who after hearing the learned Counsel appearing on behalf of the parties vide its judgment and order dated 9th August, 1995, decreed the suit for recovery of rent only for the period from 1st June, 1990 till the date of filing the suit at the rate of Rs. 430 per month, including the water tax and electricity charges and for rest of the reliefs, the suit was dismissed.

(3.) Aggrieved by the judgment and order dated 9th August, 1995, passed by the Judge, Small Causes Court, the petitioner-landlord preferred an appeal before the District Judge, Bulandshahr for the reliefs which has been rejected by the Judge, Small Causes Court while decreeing the suit. The lower appellate court which was hearing the appeal filed by the petitioner-landlord has dismissed the appeal holding that since the suit is of the nature of the Small Causes and has been decreed in part by the Judge, Small Causes Court, therefore in view of the provisions of Provincial Small Causes Courts Act, a revision lay under Section 25 of the Provincial Small Causes Courts Act and not an appeal, as has been filed by the petitioner-landlord.