Mohd. Furqan vs A. D. J. Ayodhaya Prakarn Lucknow

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1846

MANISH MATHUR
Mohd. Furqan – Appellant
Versus
A. D. J. Ayodhaya Prakarn Lucknow – Respondent

Advocates appeared:
For the Petitioner: Ausaf Ahmad Khan.
For the Respondent: C.S.C., Mohammad Masood Hasan, Mohd. Nasserullah, Shakeel Ahmad.

JUDGMENT

Manish Mathur, J.

Heard Mr. Ausaf Ahmad Khan learned counsel for petitioners and learned counsel for opposite party No.3. Opposite parties 1 and 2 being merely proforma in nature, notices are dispensed with.

2. Petition has been filed challenging order dated 31st January, 2009 passed in SCC Revision No. 29 of 2006 whereby revision preferred by opposite party No.3/land lord has been allowed setting aside judgment and order dated 16th February, 2006 passed in SCC Suit No. 160 of 1997.

3. It has been submitted that aforesaid SCC Suit had been filed by opposite party No.3/land lord for arrears of rent and ejectment against predecessor-in-interest of petitioner. The aforesaid suit was dismissed vide judgment and order dated 16th February, 2006 against which the aforesaid revision had been filed by land-lord and has been allowed.

4. It has been submitted that the original tenant who was predecessor-in-interest of petitioner filed his written statement denying the title of plaintiff on the ground that premises in question, being residential were in fact purchased by him from the mother of plaintiff and on that score his title was denied along with any land lord-tenant relationship.