Court No. - 7 Case :- WRIT - A No. - 4389 of 1997 Petitioner :- Smt. Bimla Devi Respondent :- Vi A.D.S.J. & Another Petitioner Counsel :- Wasim Alam Respondent Counsel :- C.S.C. Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioner, but none appears for the
respondent.
This petition is directed against the revisional order dated 28.11.1996.
It appears that the respondent landlord filed SCC Suit No.16 of 1992
against the petitioner tenant for arrears of rent and eviction.
Despite service, the petitioner tenant did not file the written statement
but the trial court dismissed the suit on the ground that no
documentary evidence or proof regarding relationship of landlord and
tenant was filed despite the affidavit filed by him. The revisional court
has set aside the said order and remanded the matter for decision
afresh after hearing the parties.
The revisional court was fully justified that when there was no rebuttal
of the affidavit filed on behalf of the landlord, the trial court could not
have rejected inspite of the averment in the affidavit.
In the circumstances of the case, the revisional order does not appear
to be erroneous in any manner.
For the reasons aforesaid, this is not a fit case for interference under
Article 226 of the Constitution of India. Rejected.
Order Date :- 9.7.2010
PKG