AZAD KHAN Vs. AKHTARI BEGUM

JUDGEMENT

(1.) PRESENT JSCC Revision has been filed questioning the validity of the judgment and order dated 27. 09. 2008 passed by Additional District Judge (Court No. 2) Bareilly in JSCC suit No. 4 of 1999 (Smt. Akhtari Begum Vs. Azad Khan and others ).

(2.) BRIEF background of the case is that defendants-revisionist are tenant of the premises in question and JSCC suit was filed on the ground that rent in question was stopped w. e. f. 01. 09. 1995. Thereafter notice was given for ensuring payment of rent and to handover possession and even as after received of the notice rent in question for the period starting w. e. f. 01. 09. 1995 to 30. 09. 1998 was not ensured and house in question was also not vacated then suit was filed. Suit in question was contested disputing landlord tenant relation ship and ownership has also been sought to be disputed. Thereafter evidence was led from both the sides on the issue framed and thereafter JSCC suit in question has been decreed on 27. 09. 2008. At this juncture present JSCC Revision has been filed.

(3.) SRI Namit Srivastava, learned counsel for the revisionist contended with vehemence that in the present case Judge Small Causes Court ought to have transferred the proceedings before regular court and there was no landlord tenant relationship as such said suit in question cannot be decreed.