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2015 DIGILAW 1069 (ALL)

Kanhaiya Lal Tulsija v. Deepa Devi

2015-05-01

SUDHIR AGARWAL

body2015
JUDGMENT Sudhir Agarwal, J. Heard Sri B.D. Mandhyan, learned Senior Advocate assisted by Sri Om Prakash, learned counsel for the revisionists and Sri Sanjay Agarwal, Advocate for respondent. 2. This revision under Section 25 of the Provincial Small Causes Courts Act, 1887, has come against the judgment and order dated 29.03.2010 passed by Additional District Judge, Court No. 7, Agra in SCC Suit No. 05 of 2002. 3. The dispute relates to ejectment of revisionists-tenants from the House No. 21/223A, Krishna Colony, Jeevan Mandi, Agra. The Trial Court has decreed SCC Suit No. 05 of 2002 vide judgment and decree dated 29.03.2010 recording a finding in respect of issues No. 1, 2 and 6 that defendants-tenants were in arrears of rent including water tax since 01.11.1998 and adduced no evidence whatsoever for payment of rent in respect of aforesaid accommodation. 4. Learned counsel for the revisionists drew my attention with regard to some payment made for the purchase of House No. 21/220A Krishna Colony, Agra and stated that in respect of payment made thereto the amount could have been treated towards rent for property in dispute but these two premises are different and the issues are different. This is what has also been said by the court below and I do not find any manifest error as also none could be shown by Sri B.D. Mandhyan, learned Senior Advocate appearing for revisionists. 5. Despite repeated query, learned counsel for the revisionists could not point out any material to show that revisionists-tenants, at any point of time, paid rent including water tax in respect of House No. 21/223A, Krishna Colony, Jeevan Mandi, Agra, in respect whereto small cause suit was instituted by respondent-landlord. It thus cannot be said that the order passed by court below is not in accordance with law. 6. The revision is dismissed. 7. Interim order, if any, stands vacated. 8. Certify this order to the Lower Court immediately.