Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3874 of 2018 Petitioner :- Mohd Hussain Athar Khan Respondent :- Aaliya Begum And 14 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava
Hon'ble Mrs. Sangeeta Chandra,J.
This petition has been filed praying for a direction to the learned Court below i.e. the Judge Small Causes Court to decide the SCC Suit No. 83 of 1994 (Md. Hussain Athar Khan Vs. Smt. Aaliya Begum & others) within a specified period of time.
Learned counsel for the petitioner submits that the petitioner is the owner of house no. 602/1051 situated at Dariyabad, District Allahabad. On the basis of a rent agreement dated 6.1.1987, Saiyyad Ali became the tenant of the house in question, he expired on 25.7.1990.
Thereafter, the respondent / defendant no. 2 is living in the house and on 25.5.1993, the petitioner sent notice for recovery of arrears of rent. When no rent was deposited, the eviction Suit was filed on 6.7.1994 before the Judge Small Causes Court. Initially the tenant did not accept notice, and therefore the learned Trial Court directed service of notice through publication. Service was deemed sufficient thereafter and the respondent / defendant was directed to file written statement by order dated 23.5.1995.
Thereafter several applications have been moved by the tenant just to delay the decision of the Suit in question. A copy of the entire order sheet of Case No. 83 of 1994 has been filed as Annexure 3 to this petition.
I have perused the order sheet, it appears that since 2012, the Suit in question is being listed for taking of evidence.
It has been submitted that the petitioner / plaintif was born on 1.1.1948 and for more than two decades, he has been fighting the said litigation and it seems no end is soon coming to the same during his life time.
Accordingly, this petition is disposed of with a direction to the learned Trial Court to decide the aforesaid Suit pending before it within a period of three months from the date a certified copy of this order is produced before him.
Order Date :- 28.5.2018 Arif