- (1.) S. P. Mehrotra, J. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter- alia, challenging the order dated 7-5-2002 (Annexure No. 1 to the writ petition) passed by the learned Additional District Judge, Court No. 8, Shahjahanpur (respondent No. 1) in S. C. C. Revision No. 7 of 2001.
(2.) FROM the allegations made in the writ petition, it appears that the dispute relates to one-room accommodation which is part of house situated in Mohalla Khalil Sarki, Shahjahanpur. The said accommodation has, hereinafter, been referred to as "the disputed accommodation. " It appears that the respondent No. 2 filed a suit against the petitioner for eviction, arrears of rent etc. in respect of the disputed accommodation. The said suit was registered as S. C. C. Suit No. 7 of 1996. It was, inter-alia, alleged by the respondent No. 2 (Plaintiff) that the house in question was constructed in 1985. It further appears that the petitioner contested the said suit and filed his written statement. It was, inter-alia, alleged that the property in question was an old construction.
(3.) BY the judgment and order dated 7-4-1998, the said suit was dismissed by the Court of Judge Small Cause, Shahjahanpur. Thereupon, the respondent No. 2 filed a revision being S. C. C. Revision No. 37 of 1998, under Section 25 of the Provincial Small Cause Courts Act. The learned Second Additional District Judge, Shahjahanpur by the judgment and order dated 31-5- 1999 allowed the said revision, set aside the said judgment and order dated 7-4-1998 and remanded the matter to the Court of Judge Small Cause.;