Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 2781 of 2018 Petitioner :- Jagdish Sharma Respondent :- Additional District Judge And Another Counsel for Petitioner :- Harpreet Singh Bedi
Hon'ble Mrs. Sangeeta Chandra,J.
This petition has been filed by the petitioner/landlord praying for a direction to the Additional District Judge, Court No. XI, Agra to finally dispose of SCC Suit No. 1 of 2016 within a time stipulated by this Court.
Learned counsel for the petitioner has submitted that the petitioner/landlord is the owner of a shop situated in a building on plot no. 75, Sector 2, Transport Nagar, Agra. The tenant/respondent had taken the shop on rent at the rate of Rs. 5000 per month apart from the taxes. Since the tenant/respondent was in arrears, a notice was served upon him terminating the tenancy on 14.09.2018 and thereafter SCC Suit No. 1 of 2016 was filed for recovery of arrears of rent and for ejectment. The suit was given regular number on 05.01.2018. On 31.03.2016, notices were deemed to have been served on the tenant/respondent. The tenant/respondent failed to appear and, therefore, the matter proceeded ex parte against him by order dated 18.11.2016. Later on, the order of proceeding ex parte was recalled on application moved by the tenant/respondent. On 15.03.2017, one third party application was filed on behalf of one Sri Gopal Sharma under Order 1 Rule 10 (2) CPC for impleadment. Such application remain pending but at the behest of the tenant/respondent and the third party, the matter has been repeatedly adjourned by the learned trial Court on 16.08.2017, 26.10.2017, 10.11.2017, 30.11.2017, 20.01.2018, 22.01.2018/, 06.02.2018 and 09.03.2018. On some occasions, the learned Court below was also not in session.
It is the case of the landlord/petitioner that due to pendency of the SCC suit, the tenant/respondent is enjoying the tenanted premises whereas the landlord is suffering.
Accordingly, this writ petition is disposed of with direction to the learned Court below to consider and decide the pending SCC Suit No. 1 of 2016 in accordance with law within a period of ten months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties.
Order Date :- 24.4.2018 Madhurima