ANIL KUMAR Vs. SATYA NARAIN

JUDGEMENT

(1.) This petition has been filed by the tenant who was the respondent for setting aside the judgment and order dated 29.11.2016 passed in SCC Suit No. 08 of 2006 by the Civil Judge, Junior Division / Judge Small Causes Kasganj and the order dated 08.01.2018 passed in SCC Revision No. 06 of 2016 by the Additional District and Session Judge, Kasganj.

(2.) I have heard Sri Sidharth Srivastava appearing for the petitioner and Sri Ratnesh Srivastava assisted by Sri Anil Kumar Pandey for the respondent landlord.

(3.) The facts leading to filing of this petition under Article 227 of the Constitution of India are as follows: The plaintiff respondent filed SCC Suit No. 08 of 2006 for eviction of the defendant petitioner on the ground of alleged default in payment of rent. The defendant / petitioner filed his written statement on 26.07.2007 denying the contents of the plaint and alleging that he had suitably replied the notice dated 17.02.2006, claiming arrears of rent and directing determination of lease, and the SCC suit was not maintainable. Evidence was recorded of the plaintiff / respondent and his witness and that of the defendant / petitioner and his witness and the learned Trial Court decreed the suit by its judgment and order dated 17.05.2012. The plaintiff petitioner challenged the judgment and order dated 17.05.2012 in Civil Reivision No. 340 of 2012. This Court by its judgment and order dated 26.11.2014 set aside the order passed by the learned Trial Court and remanded the matter. On remand additional evidence was led by the plaintiff / respondent which evidence it is alleged was inadmissible in law regarding rate of rent and date of assessment by the Municipal Board of the property in question to establish that it fell out of the purview of U.P. Act No. 13 of 1972. It has been alleged that the trial Court relied on the fresh evidence submitted by the plaintiff respondent ignoring his clear admission in his cross- examination and decreed the suit again by its judgment and order dated 29.11.2014. Aggrieved by the same, an SCC Revision No. 06 of 2016 was filed by the defendant petitioner. It has also been dismissed in summary manner by the Additional District Judge on 08.01.2018.