JAMMU AND KASHMIR BANK Vs. RANI DEVI

JUDGEMENT

(1.) N. L. Ganguly, J. This Civil Revision under Section 25 of the Provincial Small Cause Courts Act is directed against the judgment and decree dated 30-5-1995 passed in SCC No. 8 of 1994 by the Court of III Addl. District Judge, Kanpur Nagar.

(2.) THE revisionist is the J and K Bank. THE suit was filed by the plaintiff-respon dents for recovery of arrears of rent along with water tax and drainage tax and also for eviction of the tenant from the accommodation No. 38/159, Meston Road, Kanpur I and II floor. THE suit has been decreed and for recovery of arrears of rent and eviction of the revisionist-applicant from the accommodation in question.

(3.) THEREAFTER on the request of the revisionist and the respondent the case was adjourned. The interim order staying the eviction was extended. After seeking num ber of adjournments the revisionist did not file the compromise document and the matter was kept pending. The learned counsel for the revisionist stated on earlier occasions that parties have agreed for the compromise, the deed was not prepared and on some occasion it was submitted that the higher authorities of the Bank were to be contacted before entering into the compromise. After prolonged adjournments in the case when it became apparent that the revisionist is simply delaying the proceedings the learned counsel for the respondent-landlord insisted for disposal of the revision. The learned counsel for the revisionist filed photostat copies and typed copies of necessary papers, which he relied for addressing the Court. The learned counsel for the respondent stated that he would not file any counter-affidavit to the application filed by the revisionist. The counsel for the parties consented that the revision be finally disposed of without record or formally admitting it.