S.D.Agarwala - (1.) THESE are two connected petitions arising out of suit no. 221 of 1981 filed by Ghanshyam Das Gupta against Mahesh Chandra Varshney in the court of the Judge Small Causes Court, Aligarh for ejectment, arrears of rent and damages.
(2.) THE property in dispute is house no. 43 situate at Mahabirganj, Aligarh. The Judge, Small Causes Court by his judgment dated 7-7-82 decreed the suit for ejectment and for recovery of Rs. 538.35 paise and pendentelite and future mesne profit at the rate of Rs. 35/- per mensum till the delivery of possession. Aggrieved by the judgment dated 7-7-1982 Mahesh Chandra Varshney filed a Civil Revision no. 97 of 1982 under section 25 of the Provincial Small Cause Courts Act in the court of the District Judge, Aligarh. The revision was dismissed by the Second Additional District Judge, Aligarh on 20th January, 1983.
(3.) MAHESH Chandra Varshney has, consequently, challenged the judgments dated 7-7-1982 and 20th January 1983 by means of a writ petition being writ no. 5498 of 1983. The landlord was also aggrieved by one of findings recorded in the judgment of the revisional court and consequently, the landlord Ghanshyam Das Gupta also filed a writ petition being writ no. 4488 of 1983 challenging that portion of that judgment. Since common question of fact and law arises in both the writ petitions, they are being decided by a common judgment.;