J. J. MUNIR
Anil Kumar Agrawal – Appellant
Versus
Devasheesh Business India Pvt. Ltd. – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This petition under Article 227 of the Constitution has been preferred by the tenant, assailing an order of remand dated 12.07.2023 passed by the Additional District Judge, Court No. 6, Mathura on a revision preferred by him, setting aside the decree for eviction and recovery of arrears of rent passed by the Trial Court against the tenant.
2. The tenant, though successful before the Court of revision in dislodging the decree of eviction and recovery of arrears of rent etc., says that all evidence was there on record, on the foot of which the Revisional Court ought to have finally determined the suit. Instead, he remanded the suit to the Trial Court. And, that is why the tenant has preferred the present revision.
3. Mr. Ashish Kumar Singh, learned Counsel, appearing on behalf of the plaintiff-landlords, waived opportunity to file a counter affidavit on 28.08.2023, whereupon this petition was admitted to hearing and heard forthwith. Judgment was reserved.
4. Heard Ms. Rama Goel Bansal, learned Counsel for the petitioner-defendant and Mr. Ashish Kumar Singh, learned Counsel appearing on behalf of the plaintiff-respondents.
5. The plaintiff-respondents instituted
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