Rakesh Tiwari, J. - (1.) HEARD Counsel for the parties and perused the record. This writ petition has been filed for quashing the impugned order dated 12.10.2004 (Annexure -1 to the writ petition) in Revision No. 28 of 1998 passed by the Revisional Court.
(2.) BRIEF facts of the case are that respondent Nos. 1 and 3 alleging himself to be the owners/co -landlord of one Tal along with two shops situated at Sapt Rishi Nagar, Dhruv Ghat, Mathura gave a notice dated 23.9.1980 through his Counsel to the petitioner inter alia, that Nand Lal and Balji Tiwari, respondent Nos. 1 and 3 are co -landlords and owner of the property in question of which he along with respondent No. 2 is the tenant at the rate of Rs. 90/ - per month and they are not paying the rent since 16.5.1980. In addition thereto they have also caused material alternation, hence their tenancy is being determined. Respondent No. 1 filed J.S.C.C. Suit No. 116 of 1980. In the aforesaid suit co -landlord Balji Tiwari was impleaded as proforma defendant who is respondent No. 3 in the present writ petition. He filed his written statement stating that no mutual partition in between him and the alleged plaintiff has taken place and he is still co -landlord of the property in question, hence the suit itself is not maintainable. The petitioner being defendant No. 1 in the suit had also filed his written statement denying the plaint allegations. The suit filed by respondent No. 1 was dismissed vide order dated 7,1.1998 passed by the Trial Court.
(3.) AGGRIEVED by the aforesaid order dated 7.1.1998 the petitioner preferred a revision before the Court of Special Judge, Mathura.;