RAJU SAVITA Vs. AMARNATH

JUDGEMENT

(1.) Heard Sri Anil Kumar Pandey, learned counsel for the defendant-tenant/ petitioner and Sri Santosh Kumar Srivastava, learned counsel for the plaintiff-landlord/ respondent.

(2.) This petition under Article 227 of the Constitution of India has been filed praying to set aside the judgment dated 16.04.2014 in P.A. Case No.50 of 2008 (Amarnath vs. Raju Savita) passed by the Additional Judge Small Cause Court/ Prescribed Authority, Agra and the judgment dated 21.12.2017 in Misc. Appeal No.63 of 2014 ( Raju Savita vs. Amarnath) passed by the Additional District Judge, Court No.6, Agra.

(3.) Briefly stated facts of the present case are that House No.164B, situate in Survey No.52/301, Sultanpura, Agra Cantt., P.S. Sadar Bazar, Agra is owned by the plaintiff-respondent. The disputed shop is situate in the said house. According to the plaintiff-respondent, the father of the defendant namely Sri Bengali Ram was originally the tenant. After his death, the defendant being his son continued as a tenant in the disputed shop. The plaintiff respondent filed a P.A. Case No.50 of 2008 on the ground of bona fide need for starting business by his son Arjun. The said P.A. case was decreed by the Additional Judge Small Cause Court/ Prescribed Authority, Agra vide impugned judgment dated 16.04.2014. Aggrieved with the said judgment, the defendant tenant filed a Misc. Appeal No.63 of 2014, which has been dismissed by the impugned judgment dated 21.12.2017 passed by the Additional District Judge, Court No.6, Agra. Aggrieved with this judgment, the defendant-tenant/ petitioner has filed the present petition.