KAMTA PRASAD AGRAWAL Vs. SMT. APRAJITA DUTTA

JUDGEMENT

(1.) The plaintiff revisionist, who claims himself to be the landlord, is seeking revision of the judgment and order dated 10.02.2010 passed by the Additional District Judge, Court No.2, Varanasi dismissing S.C.C. Suit No.10 of 2004, under Sec. 25 of the Provincial Small Causes Court Act, 1887 (hereinafter referred to as the Act).

(2.) The dispute is regarding a small residential portion of two rooms on the eastern part of the first floor of house No.D-37/49 (area 3420 sq. feet) situate in Mohalla Baradev, Varanasi City. The suit of the plaintiff revisionist for rent and eviction against the defendant respondent has been dismissed by the court below on the ground that he had failed to establish the relationship of landlord and tenant.

(3.) In view of the above, the only point arising for consideration is whether there exist any relationship of landlord and tenant between the parties in respect of the above portion.