HANUMAN ALIAS MANE Vs. DISTRICT JUDGE

JUDGEMENT

(1.) The petitioner, who alleges to be a person in occupation of the accommodation in question, filed an application alongwith revision under Section 25 of the Provincial Small Cause Courts Act with the prayer that delay in filing the revision may be condoned and the revision. May be heard and decided on merits. The revisional Court by its order dated 4th October 2004 rejected the aforesaid application for condonation of delay on the ground that the petitioner alleges himself to be tenant and therefore, prays for stay of the execution of the order of eviction which is subject matter of revision, The revisional Court found that the revision itself is not maintainable, thus application for condonation of delay was also dismissed alongwith the memo of revision. Aggrieved thereby the petitioner filed this writ petition under Article 226 of the Constitution of India on the ground that the petitioner is being evicted in execution of the order to which he is not a party and the said application has been filed against a person who has never been tenant of the accommodation in question. This revision has been dismissed by the revisional Court as stated above as not maintainable alongwith the application for condonation of delay. Section 25 of the Provincial Small Cause Court, as amended in the State of Uttar Pradesh reads as under:

(2.) It is admitted at the Bar that the petitioner has not filed any application for leave of the Court to file revision because he was not party to the proceedings which is sought to be challenged by means of the present writ petition, the Apex Court, in the decision reported in, AIR 1971 SC 374, Smt. Jatan Kanwar Golcha v. Golcha Properties Private Ltd., ruled as under:

(3.) Applying the aforesaid law laid down by the Apex Court to the proceedings under Section 25 of Provincial Small Cause Courts Act I do not find any reason that why the petitioner cannot file a revision alongwith an application for leave of the Court, Admittedly, in the present case the petitioner has not filed any application for leave of the Court.