- (1.) Heard learned Counsel for the Petitioner and Sri R.P. Tiwari, Advocate for the Respondent.
(2.) Petitioner before this Court seeks quashing of the order dated 11.3.2003 passed by the Judge Small Causes Court in Suit No. 79 of 1993 as well as quashing of the revisional order dated 21.1.2011 passed in S.C.C. Revision No. 12 of 2003.
(3.) Facts, in short, giving rise to the present writ petition are as follows: Plaintiff Sri Hanuman Ji Maharaj Virajman Mandir Mahaviran Nagra through its President of the Managing Committee filed Small Cause Suit No. 79 of 1993, for eviction of the tenant from the premises in question namely the Petitioner as well as for recovery of the outstanding rent and damages for use and occupation after the tenancy was terminated. The suit was contested by the Petitioner and it was contended on his behalf that the suit, as filed by the society, was not maintainable. The provisions of the U.P. Act No. 13 of 1972 were not applicable as the property in question was situated in a rural area, and provisions of U.P. Tenancy Act alone would be resorted to for dispossession of the tenant. It was, therefore, contended that the suit was liable to be dismissed. The tenant also denied any default in payment of rent and lastly it was contended that the Plaintiff society had no right to the property in question.;