RAM PRASAD Vs. PANNA LAL

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition is directed against the judgment dated 28-7-1994, allowing the revision and remanding the case to the Judge, Small Causes Court.

(2.) THE facts in brief a, re that the petitioner filed S. C. C. Suit No. 2 of 1992 against respondent No. 1 for recovery of arrears of rent, ejectment and damages for use and occupation of house No. 23/1 Mohalla Talaiya, Jhansi, on the allegation that respondent No. 1 was tenant on month ly rent of Rs. 100/ -. He failed to pay rent since 20-1-1990. A notice dated 18-11-1991 was sent demanding arrears of rent and ter minating his tenancy. THE tenant-respon dent did not comply with the notice.

(3.) SECONDLY, the revisional Court has directed the parties to lead fresh evidence without recording any finding that the par ties were deprived of opportunity to lead any evidence before the Judge, Small Causes Court. There was no other cir cumstances to indicate that the parties were entitled to lead fresh evidence, on any of the grounds mentioned under order XLI, Rule 27, C. P. C. In absence of any averment that the parties were either prcclude-1 from leading any evidence before the trial Court or they discovered any new evidence which were not in their knowledge, the parties to the suit were not entitled to lead evidence afresh in the case.