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2014 DIGILAW 260 (ALL)

Shayam Sundar v. Balbeer

2014-01-21

SUDHIR AGARWAL

body2014
JUDGMENT Sudhir Agarwal,J. This writ petition is directed against the order dated 31.10.2013 passed by Additional District Judge, Court No. 9, Aligarh dismissing petitioner's Rent Revision no. 03 of 2012 against the order dated 20.10.2011 passed by Additional Judge, Small Causes Court, Aligarh in SCC Suit No. 47 of 2002, whereby petitioner-tenant's sought some clarification which has been rejected. 2. It is contended that the Revisional Court in the impugned order has wrongly observed that there is an admission of landlord and tenant relationship though there is no such admission. 3. However, from para 16 read with para 2 of the written statement it is evident that petitioner admitted himself to be the tenant of property in dispute and further said that plaintiff's son told him that he is the owner of property in dispute and petitioner started paying rent to him. Learned counsel for the petitioner could not tell to this Court as to on what basis petitioner treated son of plaintiff to be owner of property in dispute. Since petitioner has admitted himself to be tenant of property in dispute and there is nothing on record to show that he has denied ownership of plaintiff, specifically, I do not find anything wrong in the impugned order passed by Revisional Court. 4. The writ petition lacks merit. Dismissed.