LAWS(ALL)-2015-4-11

BAQREEDAN @ BHOPALAN Vs. ADDITIONAL DISTRICT JUDGE LKO

Decided On April 07, 2015
Baqreedan @ Bhopalan Appellant
V/S
Additional District Judge Lko Respondents

JUDGEMENT

(1.) Heard Mohd. Arif Khan, Senior Counsel assisted by Mohiuddin Khan learned counsel for the petitioner; Sri Pankaj Shukla learned counsel for the respondent no. 3 and perused the pleadings of writ petition.

(2.) This writ petition has been filed under Article 226 of the Constitution of India with a prayer to issue a writ of certiorari to quash the order dated 06.02.2008 passed by the Additional District Judge, Court no.12 Lucknow by which the judgement of the opposite party no.2 i.e. Judge Small Causes Court, Lucknow has been upheld.

(3.) The brief facts of the case are that the opposite party no.3, who is the plaintiff (landlord) in the SCC No.98 of 2004 filed a Suit for rent and ejectment against the defendant / petitioner, who was the tenant of Rs.200/- per month on the ground that he has purchased the said property by way of sale deed dated 18.06.2003. The tenant had not paid the rent to the previous owner also. The information of the sale deed was given to the tenant but still she has not paid the rent and had made some constructions in the property in dispute and has sublet a part of the property to Smt. Farida Bano on a rent of Rs.500/- per month.