NARAIN DAS Vs. ADDL DISTRICT JUDGE SPECIAL JUDGE

JUDGEMENT

(1.) THE petitioner seeks writ of certiorari for quashing the judgment and decree dated 13.4.1994 passed by the Judge Small Causes Court decreeing the suit for recovery of arrears of rent, ejectment and damages against the petitioner and the order dated 15.2.1996 dismissing the revision against the aforesaid judgment.

(2.) THE facts, in brief, are that respondent No. 3 filed S.C.C. Suit No. 69 of 1989 for recovery of arrears, of rent, ejectment and damages against the petitioner on the allegation that he was a tenant of the accommodation at premises No. 24, Pratappura, Nagra, Jhansi at a monthly rent of Rs. 40. He was in arrears of rent since 1.3.1984. THE plaintiff sent a notice dated 1.3.1989 to the petitioner which was served on him by refusal on 20.3.1989. He failed to pay arrears of rent and thereby committed default and was liable for eviction.

(3.) LEARNED counsel for the petitioner vehemently urged that the District Judge remanded the case for fresh decision in the light of the evidence already adduced and after remand the Judge Small Causes Court had no jurisdiction to examine Bihari Lal, his uncle, in the case and Smt. Kamla Devi, wife of the petitioner and this has vitiated the order passed by the Judge Small Causes Court. The controversy in the suit was whether the wife of the petitioner, Smt. Kamla Devi, was the tenant of the premises in question and its landlord was Bihari Lal or the petitioner was a tenant and respondent No. 3 is landlord of the disputed premises. There was no documentary evidence to prove relationship of landlord and tenant. Before the Judge Small Causes Court, respondent No. 3 had appeared as P.W. 1 and the petitioner as D.W. 1.