- (1.) -THE tenant has filed this petition for setting aside the Judgment and order dated 10th May 2006 passed by the Judge Small Causes Court, Kanpur Nagar whereby the suit filed by the landlord was decreed. The. petitioner also sought for quashing of the Judgment and order dated 7th March 2008 by which the revision filed by the tenant for Setting aside the aforesaid Judgment and order, has been dismissed.
(2.) THE records of the writ petition indicate that prior to the filing of the aforesaid SCC Suit No. 70 of 2003 by the landlord, the petitioner had filed Original Suit No. 2390 of 1995 seeking permanent injunction to restrain the defendants from dispossessing the plaintiff from the premises in dispute on the ground that the plaintiff was a tenant of the premises in dispute and he could not be evicted except in accordance with law. The Trial Court granted temporary interim injunction in favour of the plaintiff. Subsequently, the landlord filed SCC Suit No. 70 of 2003 with the assertion that as Mahesh Dubey had treated himself to be a tenant of the premises in dispute, his tenancy had been duly terminated by the notice sent by the landlord under section 106 of the Transfer of Property Act. The suit was, therefore, filed for eviction and for recovery of rent and damages. The suit was decreed and the revision filed by the tenant for setting aside the Judgment and order, was dismissed.
(3.) LEARNED Counsel for the petitioner submitted that the Courts below fell in error in treating the petitioner as a tenant of the premises in dispute since tenancy was to be established by the landlord and in the present case the landlord had not even indicated from which date the tenancy commenced.;