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2022 Supreme(All) 1229

AJIT KUMAR
Malati Sharma – Appellant
Versus
Raj Kumar Yadav – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kiran Kumar Arora, Ram Akbal Upadhyay
For the Respondent: Prakhar Tandon

JUDGMENT :

1. Heard Sri K.K.Arora, learned counsel for the petitioner and Sri Prakhar Tandon, learned counsel for the contesting respondents.

2. Both the matters arise out of same suit, therefore, are being heard and decided together by this common judgment.

3. The petitioner before this Court is tenant respondent in Small Causes Suit No. 193 of 2012, which came to be decreed dated 24.7.2019 for arrears of rent and ejectment.

4. The petitioner challenged the order of the Judge Small Causes before the Additional District Judge, Court No. 2 by instituting Small Causes Revision being No. 60 of 2019 which also came to be dismissed vide order dated 31st January, 2020 confirming the judgment of the Judge, Small Causes and hence this miscellaneous petition under Article 227 of the Constitution.

5. Present petitioner has also filed revision against the order passed by the Judge, Small Causes rejecting the application of the petitioner under Section 23 of Small Causes Courts Act, 1887.

6. The main arguments that were advanced by learned counsel for the petitioner can be summarized as under:

    i. The petitioner having questioned the title of the land lord plaintiff qua property in question which is a

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