SUBHASH CHANDRA Vs. RAVINDRA KUMAR RATHOR

JUDGEMENT

(1.) Heard Dr. S.B. Singh learned counsel holding the brief of Mr. Anand Kumar Srivastva, learned counsel for the petitioner and Mr. Puneet Bhadauria, learned counsel for the respondent.

(2.) Brief facts of the case are that respondent is owner / landlord of House No- 148-B, Panki Road, Kalyanpur, Kanpur Nagar and petitioner is tenant of shop No-1, situated at ground floor of the aforementioned house. Landlord / Respondent has sent a notice dtd. 4/1/2019 to Tenant / Petitioner under sec. -106 of Transfer of Property Act, 1882 (for short the "Act"), terminating the tenancy of Tenant / petitioner from the shop in question on the ground of personal need. Tentant / Petitioner replied the notice dtd. 4/1/2019 through his reply stating that need of landlord in not bonafide. Petitioner / Tenant instituted a S.C.C. Suit before Judge, Small Cause Court for possession of the shop in question and damages which was registered as S.C.C. Suit No. 157 of 2019. On 21/5/2019, summon was issued to petitioner / tenant fixing 23.7. 2019 for written-statement. No appearance was made by defendant / tenant, accordingly, an application -15 Ga was filed in aforementioned S.C.C. Suit to take steps by publication. Judge, Small Cause Court vide order dtd. 13/1/2021 allowed the application- 15 Ga, accordingly, publication was made and Judge, Small Cause Court vide order dtd. 26/2/2021 held the service sufficient upon the defendant / tenant / petitioner and fixed 12/4/2021 for written-statement. Nobody appeared in S.C.C. Suit No.157 of 2019 and case was adjourned on several dates. Judge, Small Cause Court ultimately on 9/7/2021, proceeded ex parte against defendant / tenant / petitioner fixing 3/9/2021 for ex parte evidence. On 3/9/2021, plaintiff / landlord / respondent filed evidence (paper no-17Ga) which was kept on record and 2/11/2021 was fixed for ex parte hearing. On 2/11/2021, Judge small cause, heard the plaintiff / landlord/ respondent and fixed 8/11/2021 for ex parte judgment. The Judgment was not delivered on 8/11/2021, accordingly, 20/11/2021 was fixed. On 20/11/2021, another date 6/1/2022 was fixed. On 6/1/2022, application 24 Ga under Order 9 Rule 7 of Civil Procedure Code was filed on behalf of defendant/tenant/petitioner for recall of the order dtd. 9/7/2021. Plaintiff/landlord/respondent filed his objection dtd. 28/4/2022 to the application dated 24 Ga filed by tenant. Judge, Small Cause Court Vide order dtd. 19/7/2022 rejected the application-24Ga and fixed 20/7/2022 for ex parte judgment. On 20/7/2022, Judge, Small Cause Court vide ex parte judgment dtd. 20/7/2022, decreed the plaintiff's suit for possession of the shop in question as well damages at the rate of Rs.3150.00per month from the date of institution of the suit till date of handing over of possession of shop to landlord. Petitioner/tenant challenged the judgment dtd. 20/7/2022 by way of revison under Sec. 25 of Provincial Small Cause Courts Act, 1887 which was registered as Small Cause Revision No.269 of 2022 before District Judge, Kanpur Nagar. The aforementioned revision was heard and dismissed vide judgment dated 21.9. 2022. Hence this petition under Article- 227 of the Constitution of India for following relief:-

(3.) This Count entertained the matter on 17/10/2022 and granted conditional interim order in favour of petitioner which is quoted as under:-