LALIT KUMAR UPRETI Vs. CHUNNI LAL GUJRAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Manish Goel, learned counsel appearing for the respondent.

(2.) Present writ petition has been filed seeking quashing of the impugned order dated 26.8.2017 passed by the Additional District Judge, Court No. 12, Kanpur Nagar in S.C.C. Revision No. 29 of 2011 (Lalit Kumar Upreti Vs. Chunni Lal Gujral) and the order dated 9.2.2011 passed by the Judge, Small Causes Court, Kanpur Nagar in Suit No. 164 of 1992 (Chunni Lal Gujral Vs. Lalit Kumar Upreti). A further prayer in the nature of mandamus directing the respondent not to evict the petitioner from the shop in question pursuant to the aforesaid impugned order has also been made.

(3.) The landlord had instituted one suit being SCC Suit No. 518 of 2011 claiming rent only and the second suit was filed by him in the year 1964 being SCC Suit No. 164 of 1992 for rent and eviction on the ground of default in making payment of rent and termination of tenancy when the rent was not paid from 1.7.1990. A notice dated 17.8.1991 was given and when the amount was not paid suit for eviction was filed. By order dated 4.9.1992 both the suits were clubbed and in both suits evidence was given by the parties and Suit No. 518 of 1991 was treated leading case. It is pertinent to note that documentary and oral evidence given in subsequent suit being SCC Suit No. 164 of 1992 was directed to be placed on record of the leading SCC Suit No. 518 of 1991. Both the suits were clubbed and were decided together.