Court No. - 7 Case :- WRIT - A No. - 45643 of 2010 Petitioner :- Bal Krishna Agrawal Respondent :- Chandra Kishore Jain Petitioner Counsel :- Vishnu Gupta Respondent Counsel :- Pramod Jain Hon'ble Devendra Pratap Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and for the respondent
caveator.
The respondent landlord preferred a Small Causes Suit No.85 of 1998
for eviction of the petitioner tenant on the grounds of arrears of rent
etc.
After contest, the suit was dismissed by the trial court against which a
Revision No.257 of 2006 is pending. When the matter was about to be
finally disposed off, a cross objection was filed on behalf of the
landlord challenging the decision of issue no.1. Admittedly, the said
cross objection was filed after four years of the pendency of the
revision and thus the court was fully justified in rejecting it.
On these facts, the Court is not inclined to exercise its extraordinary
power under Article 226 of the Constitution of India. Rejected.
Order Date :- 5.8.2010
PKG