MOHD.SHAMIM Vs. ADDITIONAL DISTRICT JUDGE AND OTHERS

JUDGEMENT

(1.) HEARD Sri Vikas Tripathi, learned counsel for the petitioner. In spite of repeated calls, nobody appears on behalf of the respondents, as such this Court has no option except to hear the matter and decide this writ petition on merit.

(2.) THIS writ petition has been filed for quashing the order dated 16.1.2006 passed by the revisional court in Revision No.167 of 2005, Annexure-10 to the writ petition. The petitioner being the landlord filed the present writ petition against the respondent-tenant for arrears of rent and ejectment. It was numbered as Suit No. 45 of 1997 and the same was dismissed by order dated 14.2.2001. The revision filed by the petitioner was allowed holding therein that there is relationship between the parties as landlord and tenant and the respondent-tenant is in arrears of rent and has not paid the rent. The Judge Small Causes Court after considering the claim of the parties was pleased to decree the suit after recording a finding that in view of the receipts issued between the parties, there is a relationship between the parties of landlord and tenant and admittedly the respondent-tenant is a defaulter and has not paid the rent. Therefore, she is liable for ejectment. The respondent-tenant filed a revision against the said judgment dated 5.9.2005 which has been allowed without considering the case that a finding in the earlier revision has already been arrived at regarding having a relationship of landlord and tenant and that has become final and it cannot be disturbed by the authority below unless and until that is challenged.

(3.) THE learned counsel for the petitioner submits that once a finding has been recorded, it is not open to reopen the fact in revision. In such circumstances, learned counsel for the petitioner submits that the judgment passed by the revisional court is liable to be set aside.