Babulal Yadav vs Dilip Kumar Sahu
2019 Latest Caselaw 2151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- S.C.C. REVISION No. - 38 of 2019
 

 
Revisionist :- Babulal Yadav
 
Opposite Party :- Dilip Kumar Sahu
 
Counsel for Revisionist :- Adil Jamal,Gulrez Khan
 
Counsel for Opposite Party :- Vineet Kumar Singh
 

 
Hon'ble Manoj Kumar Gupta,J.

Re: Civil Misc. Amendment Application No.Nil of 2019

Heard counsel for the parties.

The amendment application is allowed.

Counsel for revisionist is permitted to incorporate the amendment during the course of the day.

Order on main Revision

Heard Sri Gulrez Khan for the revisionist and Sri Vineet Kumar Singh for the plaintiff-respondent.

The instant revision is directed against judgement and decree dated 16.1.2019 passed by Judge Small Causes Court in SCC Suit No.255 of 2015, whereby the suit has been decreed for eviction and for recovery of damages to a tune of Rs.1,12,400/- and pendente lite damage at the rate of Rs.500/- per day till delivery of actual possession.

Amongst other submissions, one of the contention of learned counsel for the revisionist is that it was the specific case of the revisionist in the written statement that he had already vacated the demised premises after expiry of the term of tenancy but no finding on the said issue has been returned by the trial court.

Sri Vineet Kumar Singh, learned counsel for the respondent very fairly admits that although a passing observation has been made but no finding has been returned by the trial court that infact the defendant-revisionist had not handed over possession and he continues to enjoy the demised premises even after expiry of the term of tenancy.

In view of the above, the decree for eviction and recovery of damages passed by the trial court would not be sustainable and is accordingly set aside. The matter is remanded back to the trial court for deciding the suit afresh after examining the above plea in the light of evidence led by the parties.

The trial court shall decide the suit within a period of three months from the date of production of certified copy of this order.

The revision is allowed.

(Manoj Kumar Gupta, J.)

Order Date :- 30.3.2019

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