HARI RAM Vs. SMT. ANACHI DEVI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 28.9.2013 passed by the trial court, whereby the application filed by the petitioner under Sec. 114 of the Transfer of Property Act, 1882 ('the Act') has been dismissed.

(2.) The respondent-landlord filed a suit for eviction based on termination of tenancy by issuing a notice under Sec. 106 of the Act.

(3.) During the pendency of the suit, the petitioner filed application inter-alia indicating that the plaintiff has filed suit on the ground of forfeiture of tenancy for non-payment of rent and the notice issued also is to the same effect. It was submitted that the petitioner was submitting a sum of Rs.23,070.00, which amount may be paid to the plaintiff and the suit be dismissed.