BAL GOVIND SHRI Vs. BHOLA RAM

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the petitioner as well as learned Counsel for the landlord respondent, who has appeared through caveat.

(2.) ADDITIONAL J. S. C. C. , Kanpur Nagar has taken an ultra technical view of the matter, which has unnecessary caused delay in the disposal of the case. Suit of the landlord respondent was decreed ex parte in the year 1985 (S. C. C. Suit No. 868 of 1982, Bhola Ram v. Bal Govind ). In the year 1985, itself restoration application was filed (Misc. Case No. 196/74 of 1985 ). The restoration application remained pending for 18 years. Ultimately, it was allowed on 7. 2. 2003 with the condition that within 15 days unpaid rent must be paid to the landlord. Rate of rent is only Rs. 50/- per month. Property in dispute is one room house situate in Kanpur Nagar. The amount of unpaid rent, i. e. , Rs. 1. 850/-, was deposited but beyond 15 days from 7. 2. 2003. Thereafter, application for extension of time was filed, IInd ADDITIONAL J. S. C. , Kanpur Nagar through order dated 3. 5. 2003 gave a very strange direction. The Court directed that tenant could withdraw the amount, which he had deposited beyond time and should pay equivalent amount to the landlord within 15 days. Instead of passing that order, the learned ADDITIONAL J. S. C. C. , should have directed the landlord to withdraw the amount already deposited after condoning the delay in making the deposit by the tenant on payment of cost. Thereafter, Court concerned remained vacant as is evident from the copy of the order sheet filed today along with supplementary-affidavit. Thereafter, matter was transferred to J. S. C. C. , Kanpur Nagar. The tenant filed application for recall of order dated 3. 5. 2003 and prayed for time to pay the rent to the landlord. J. S. C. C. , Kanpur Nagar rejected the recall application and affirmed the earlier orders dated 3. 5. 2003 and 7. 2. 2003 through order dated 13. 3. 2008. Against the said order, S. C. C. Revision No. 61 of 2008 was filed. District Judge, Kanpur Nagar dismissed the revision through order dated 16. 7. 2008, hence this writ petition.

(3.) BOTH the parties are directed to appear before the trial Court on 15. 9. 2008 along with certified copy of this order.