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2002 Supreme(All) 897

ANJANI KUMAR
SAHID AHMED – Appellant
Versus
ADDITIONAL DISTRICT JUDGE – Respondent


Advocates Appeared:
ANURAG PATHAK

ANJANI KUMAR, J.

( 1 ) THIS writ petition is directed against the order passed by the Revisional Court in J. S. C. C. Revision No. 243 of 1988, whereby the petitioners-tenant have challenged the order passed by judge, Small Causes in a suit filed by the respondent-landlord.

( 2 ) THE facts leading to filing of the present writ petition are that Mukhtar Ahmed and his wife filed suit against the petitioners-tenant and their predecessors, which was decreed by the trial court on 22. 9. 1988 after rejecting the objection raised by the tenant-petitioners that there is no relationship of landlord and tenant between the plaintiff and defendant and, therefore, the suit is not entertainable by the Judge, Small Causes Court in view of Section 23 of Provincial Small cause Courts Act. The trial court has gone into that question and arrived at the conclusion after discussing the evidence led by the parties that there is relationship of landlord and tenant between the plaintiff and defendant and provisions of U. P. Act No. 13 of 1972, are applicable to the accommodation in dispute and therefore, suit was decreed as stated above. Aggrieved thereby, the petitioners-tenant preferred a revision. The







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