- (1.) HEARD Sri M. A. Zaidi, learned Counsel for the petitioner and Sri K. K. Arora, learned Counsel for the landlord respondent No. 5-Rajesh Kumar, who appeared through caveat.
(2.) RESPONDENT No. 6-Dharm Singh is real brother of petitioner. Landlord respondent No. 5 filed suit for eviction against respondent No. 6-Dharm Singh claiming therein that Dharm Singh alone was the tenant of the accommodation in dispute. The suit was registered as S. C. C. Suit No. 270 of 1995. The suit was dismissed on 4. 8. 2000 by J. S. C. C. , Meerut. Against the said judgment and decree, respondent No. 5 filed S. C. C. Revision No. 200 of 2000. The revision was allowed by A. D. J. , Court No. 8, Meerut on 16. 11. 2002. Revisional Court set aside the judgment and decree passed by the J. S. C. C. and decreed the suit of the plaintiff for eviction and recovery of arrears of rent. Against the said judgment and decree, respondent No. 6-Dharm Singh filed writ petition No. 21700 of 2003. When the said writ petition was called as fresh on 19. 5. 2003, no one appeared for the petitioner, hence the said writ petition was directed to be listed for admission in the next cause list. Thereafter, the said writ petition was listed on 16. 7. 2003 and was passed over on the illness slip of learned Counsel for the petitioner. Thereafter, neither said writ petition was ever listed nor any application for listing was filed.
(3.) ACCOMMODATION in dispute is a shop, rent of which is only Rs. 40/- per month. The shop in dispute is situate in Bakari Mohalla Lai Kurti, Meerut.;