LAWS(ALL)-1999-8-231

IQBAL AHMAD Vs. VITH ADDL DISTRICT JUDGE VARANASI

Decided On August 12, 1999
IQBAL AHMAD Appellant
V/S
VITH ADDL. DISTRICT JUDGE, VARANASI Respondents

JUDGEMENT

(1.) Heard Dr. R. G. Padia, learned counsel for the petitioner and Shri R. N. Singh, learned counsel for respondent No. 3.

(2.) The landlady-respondent No. 3 filed suit for ejectment against the petitioner on the grounds of default in payment of rent and of denial of title. The suit was contested by the petitioner, inter alia, on a number of grounds, the main ground being that the original landlady Fakia Bibi had left India for Pakistan in the year 1947 and she died there in the year 1953, so the property in question became Enemy Property and the same has vested in Central Government/Custodian. The trial court decreed the suit by the judgment dated 26.4.93 holding that the petitioner was liable to eviction as he failed to clear off arrears of rent despite service of notice of demand and that the petitioner was also guilty of disclaiming the title of the landlady. The petitioner preferred revision against the said judgment and the same was allowed by the revisional court by the order dated 20.8.97 and case was remanded to the trial court with the direction to decide the suit afresh in the light of observations made by the revisional court in its judgment. After the remand, on an application being moved, the custodian-respondent No. 4 was allowed to be impleaded in the case and written statement on his behalf was also filed wherein it was stated that under Section 8 of the Enemy Property Act, the property has vested in the Central Government. After the remand, the trial court did not proceed to record any further evidence and by the judgment dated 8.9.98 ordered the return of suit to be presented before the proper court in exercise of powers under Section 23 of the Small Causes Court Act. Aggrieved by this order, the landlady filed revision under Section 25 of the Small Causes Court Act and the same has been allowed by the impugned judgment dated 28.7.99.

(3.) Shri R. N. Singh. who appears for the contesting respondent No. 3 stated that this writ petition may be disposed of at the admission stage itself and he does not Intend to file counter-affidavit, accordingly writ petition is disposed of by this Judgment.