MOHAMMAD ISMAIL TAILAOR MASTER Vs. AKHTAR HUSSAIN @ BABBU

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The present petition has been filed challenging an order dated 09.09.2016 passed by the Additional Session Judge, Court No.10, Moradabad in S.C.C. Revision No.32 of 2012 by which two applications filed by the defendant-petitioner, namely, application nos.17-Ka and 23-Ga, have been rejected.

(3.) A perusal of the record would go to show that S.C.C. Suit No.10 of 2008 was filed by the plaintiff-respondent against the petitioner for arrears of rent and eviction of defendant by claiming himself to be landlord of the premises in question and the defendant its tenant on a rent of Rs.320/- per month. The defendant contested the suit by filing written statement in which he accepted that the plaintiff was his landlord. Only two points for determination were framed by the trial court. One was in respect of default in payment of rent and the other was in respect of valid termination of tenancy by notice dated 15.11.2007. No dispute at all was raised before the trial court in respect of landlord-tenant relationship between the parties.