INDIRA PATHAK Vs. II ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution has been filed by Smt. Indira Pathak for quashing the order of II Additional District Judge dated 19-8-1988, allowing the review application of plaintiff-respondent no. 3, Parmarth Prakash, the landlord.

(2.) BRIEFLY stated the facts are these Suit no. 393 of 1981 was filed by Parmarth Prakash through his father, Dr. Gyan Prakash, Advocate, for the following reliefs : (i) that a decree be passed in favour of the plaintiff against the defendant directing eviction of the defendant from the accommodation in suit and delivery of its actual vacant possession to the plaintiff. (ii) that a decree be passed in favour of the plaintiff against the defendant for recovery of Rs.199.17 being the amount of rent due from the defendant. (iii) that a decree be passed in favour of the plaintiff for recovery of Rs.8.33 per day since 13-9-1981 as compensation for use and occupation till the date of eviction of the defendant from the suit accommodation-requisite court fee on which shall be paid in the execution side.

(3.) THE suit was decreed ex-parte on 21-7-84 by the Judge Small Cause Court for eviction as well as for the recovery of damages for use and occupation at the rate of Rs.250/- per month with effect from 18-9-1981.