LAWS(ALL)-2008-5-102

MEGHNATH Vs. XITH A D J VARANASI

Decided On May 23, 2008
MEGHNATH Appellant
V/S
XITH A D J VARANASI Respondents

JUDGEMENT

(1.) THESE two writ petitions have been filed by the defendant of SCC Suit No. 22 of 1992 that had been instituted by the plaintiff for eviction of the defendant from the suit property and for recovery of arrears of rent and damages.

(2.) WRIT Petition No. 19817 of 1995 has been filed tor setting aside the order dated 23rd September, 1994 passed by Judge Small Cause Courts, Varanasi by which the application filed by the defendant for deciding whether the Small Cause Courts had the jurisdiction to entertain the suit has been decided in favour of the plaintiff. The order dated 6th April. 1995 by which the revision for setting aside the aforesaid order was dismissed has also been challenged in this petition.

(3.) WRIT Petition No. 35203 of 2001 has been filed for setting aside the order dated 20th March, 1999 passed by Judge Small Cause Courts, Varanasi by which SCC Suit No. 22 of 1992 has been decreed and the defendant has been directed to handover the possession of the property in dispute to the plaintiff and also pay damages. The judgment and order dated 17th September, 2001 by which the revision filed for setting aside the aforesaid order was dismissed, has also been challenged in this petition.