HANIF Vs. MOHAMMAD ARIF

JUDGEMENT

(1.) Heard Sri Mohd. Nadeem, learned counsel for the petitioner.

(2.) The present petition has been filed making a prayer to set aside the judgment dated 28.10.2016 passed by the Judge Small Causes Court/Civil Judge, Senior Division/Fast Track Court, Farrukhabad in J.S.C.C. Suit No. 05 of 1982 (Mohammad Arif and others Vs. Hanif) and also the judgment dated 29.10.2018 passed by the IIIrd Additional District Judge, Special Judge (D.A.A.), Farrukhabad in S.C.C. Revision No. 03 of 2016 (Hanif Vs. Mohammad Arif and others).

(3.) The facts of the case indicate that the landlord-respondents had instituted a suit being S.C.C. Suit No.05 of 2007 against the petitioner-tenant for eviction from the shop in question along with claim for arrears of rent and mesne profit. The suit was decreed in terms of the judgment dated 10.8.2007 with a finding that U.P. Act No. 13 of 1972 was not applicable to the premises in question and it was also held that the petitioner-tenant was liable to pay the rent at the rate of Rs. 200/- per month. Against the aforesaid judgment dated 10.8.2007, the petitioner preferred S.C.C. Revision No. 05 of 2007, which was allowed on 28.9.2013 and the matter was remanded for a fresh decision. It has been contended by learned counsel for the petitioner that while remanding the matter an observation had been made that the trial court had erred in treating the rent to be at the rate of Rs. 200/- per month. Upon remand, the S.C.C Suit No. 05 of 1982 was partly allowed vide judgment dated 28.10.2016 in so far as the relief in respect of eviction of the petitioner-tenant and claim for arrears of rent was concerned; however in respect of the rate of rent, the trial court came to the conclusion that the rent was at the rate of Rs. 100/- per month.