URMILA DEVI Vs. IIND ADDL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) J. C. Gupta, J. This is tenant's writ petition for quashing the orders dated 8-5-90 (Annexure-2) and dated 29-10-93 (An- nexure-1) passed by Judge, Small Causes Court Meerut (Respondent No. 2) and llnd Additional District Judge, Meerut (Respondent No. 1) respectively.

(2.) BECAUSE coming to the controversy involved in this writ petition, it is necessary to mention a few facts.

(3.) THE suit filed by the landlady-plain tiff was decreed by the Small Cause Court and the revision filed against the said judg ment was also dismissed. THE tenant petitioner approached this Court in Civil Revision No. 292/94 and the same was allowed by the judgment of this Court dated 20-2-76. THE case was sent back to the trial court with the direction to dispose of the case according to law after giving opportunity to the parties to adduce such evidence as they might desire. After the remand the Judge, Small Cause Court, Meerut by the judgment dated 23-3-78 dismissed landlady's suit holding that the constructions raised by the tenant did not amount to material alteration within the meaning of Section 3 (1) (c) of the Old Rent Control Act i. e. U. P. Act No. 3 of 1947. THE trial Court, however, rejected the defendant's contention that the con structions in question had been raised as early as in the year 1961 and held that the constructions in question were raised much after the plaintiff had become owner and landlord of the disputed accommoda tion. THE landlady filed SCC Revision No. 152678, and the same was allowed by the order dated 18-8-80 and the case was again sent back to the trial Court for a fresh decision in accordance with the observa tions made in the body of thejudgment and after the remand the trial Court decreed the plaintiff's suit, which decree has been affirmed by the lower revisional court by the impugned order.