J.C. Gupta, J. - (1.) This writ petition is directed against the order dated 10.12.96 (Annexure-6 to the writ petition) and the order dated 30.8.96 (Annexure-5 to the writ petition) passed by respondent No. 2 in revision filed by the petitioner under Section 25 of the Small Cause Courts Act.
(2.) The facts may be stated in a narrow compass. The petitioner filed suit for arrears of rent and ejectment against the respondent No. 1 on the ground of default in payment of rent. The respondent No. 1 denied the existence of relationship of landlord and tenant between the parties and further alleged that there were no arrears of rent as the same were paid to the house owner Smt. Kripa Devi and after her the rent was realized by her sons and daughters. The trial court, however, repelled the defence and decreed the suit in favour of the petitioner. Aggrieved by the said decree, respondent No. 1 filed revision under Section 25 of the Small Cause Courts Act. During the pendency of revision, an application for bringing on record some rent receipts as additional evidence was moved on behalf of respondent No. 1. By the order, dated 30.8.96, the said application was allowed and thereafter by the impugned order, dated 10.12.96, the revisional court has set aside the trial court's decree and has remanded the suit back to the trial court for a fresh decision after giving an opportunity to the respondent No. 1 to prove the rent receipts filed before the revisional court.
(3.) Learned counsel for the petitioner relying upon the decision of a Division Bench of this Court in Babu Ram v. Additional District Judge. Dehradun and another, 1983 ARC 15. argued that the revisional court committed a gross error of law in admitting additional evidence for setting aside a finding of fact which was not within its Jurisdiction. He further contended that the alleged rent receipts were neither a subsequent nor a new fact which could be brought on record of revisional court.;