MANOJ KUMAR @ CHIMMA Vs. SRI GURU VACHAN SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Sanjay Kumar Pundir, learned counsel appearing for the respondents.

(2.) Present writ petition has been filed seeking setting aside judgment and order dated 27.1.2017 passed by Judge, Small Causes Court as well as judgment and order dated 28.8.2017 passed by the Additional District Judge, F.T.C. Saharanpur in Suit No. 51 of 2013, Guru Vachan v. Manoj Kumar @ Chimma . A further prayer in the nature of mandamus directing the court below to allow the application under Order 6, Rule 17 read with Section 151 C.P.C. Paper No. 16 Ga of the petitioner in S.C.C. Suit No. 51 of 2013, Guru Vachan v. Manoj Kumar @ Chimma pending in the court of Judge, Small Causes Court has also been made.

(3.) The suit filed by the plaintiff-respondent for rent and eviction was allowed by the Judge, Small Causes Court vide judgment and order dated 27.9.2016. The revision filed by the petitioner against the same was also dismissed vide judgment and order dated 28.8.2017. The case of the plaintiff was that the shop was on rent for a limited period upto 31.10.2013 pursuant to the rent deed dated 16.12.2012 and in the rent deed it was clearly mentioned that the construction is new and the provisions of Act No. 13 of 1972 are not applicable. A notice was given to the petitioner which he has refused to accept. Again another notice was given to the petitioner which again was refused and as such service was deemed to be sufficient in the present case.