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2024 Supreme(Online)(ALL) 2686

HIGH COURT OF ALLAHABAD
Hon'ble Ajit Kumar,J.
The Balwant Education Society Agra And Another – Appellant
Versus
M/S Agra Real Estate Pvt. Ltd. And Another – Respondent


Advocates:
Petitioner: Rahul Sahai and Raj Kumar Mishra
Respondent: Shreesh Srivastava and Shreyas Srivastava

JUDGMENT :

Ajit Kumar, J.

1. This petition questions the judgment and order dated 02.05.2022 passed by the Additional District and Sessions Judge, Family Court, Agra in SCC Revision No.47 of 2019 decreeing the suit for eviction and for recovery of arrears of rent by reversing the judgment and decree of the trial court passed by Judge Small Causes in SCC Case No.40 of 2012 dated 01.08.2019, dismissing the suit.

2. The only point urged before the Court is that exercising powers of revision under Section 25 of the Provincial Small Causes Courts Act, 1887 , the court below was not justified in appreciating the additional evidence and decreeing the suit on that basis instead of remanding it to the trial court for decision afresh.

3. It is argued that powers of court in revision are not as wide as powers in appeal and hence the judgment and decree passed by the court sitting in revision deserves to be set aside. In support of his submission, learned counsel appearing for the petitioners has relied upon a judgment of a concurrent Bench of this Court in the case of Kailash Chandra Jain v. Jagdish Chandra Nagpal , in which the Court had further relied upon a Division Bench judgment in the cas

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