BATASHO DEVI Vs. IIIRD A D J MATHURA

JUDGEMENT

(1.) A. K. Yog, J. Smt. Batasho Devi (petitioner) filed J. S. C. C. Suit No. 8 of 1979 against Mahabir Prasad (tenant), Respondent No. 3 in this petition, and claimed decree for eviction as well as ar rears of rent etc.

(2.) AFTER parties led evidence, the Trial Court decreed the suit vide judgment and order dated February 28,1980.

(3.) THE Revisional Court, however, further probe into the matter and after appreciating evidence it observed that Trial Court had mixed up the issues, it was not within the contemplated jurisdiction of the Court below to conclude and hold that Mahabir Prasad was tenant and give him benefit of deposits which were made by Ram Niwas in this suit. Perusal of the impugned judgment shows that Revisional Court on its own looked into the evidence and thereafter disagreed with the con clusion recorded by the Trial Court and it further recorded its own finding, contrary to the finding recorded by the Trial Court.