Court No. - 05
Case :- MATTERS UNDER ARTICLE 227 No. - 5595 of 2019 Petitioner :- Rajesh @ Rakesh @ Bittoo And Another Respondent :- Smt. Luxmi Gupta And Another Counsel for Petitioner :- Rajesh Yadav Counsel for Respondent :- Raj Deo Singh Hon'ble Surya Prakash Kesarwani,J.
1. Heard Sri Rajesh Yadav, learned counsel for the defendants- tenants/petitioners and Sri Raj Deo Singh, learned counsel for the plaintiffs- respondents/ landlords.
2. This petition has been filed praying for the following relief:
“(A) Set aside the impugned judgment and order dated 29.03.2019 passed by learned Ist Additional District Judge, Moradabad in S.C.C. Revision No.23 of 2018 and judgment and order dated 22.11.2018 passed by learned Small Cause Judge, Moradabad in S.C.C. No.69/2006.”
3. Learned counsel for the defendants-tenants/petitioners, submits as under:-
(i) Whatever rent is demanded by the respondents-landlords, the defendants-tenants/petitioners are ready to pay and therefore, the impugned judgment be set aside.
(ii) This is a mercy petition and on mercy ground, the relief may be granted.
4. No other point has been argued before me by learned counsel for the defendants-tenants/petitioners.
5. Learned counsel for the plaintiffs-landlords/respondents, supports the impugned judgment.
6. I have carefully considered the submissions of learned counsels for the parties.
7. Concurrent findings of the fact based on relevant evidences on record, have been recorded by both the courts below that the defendants-tenants/petitioners have made material structural 2 changes in the tenanted premises by constructing rooms, toilets and tin-shed etc. without permission of the plaintiffs-landlords, defaulted in payment of rent and incorrectly denied the ownership of the landlords-respondents. No perversity in the findings of fact recorded in the court below, could be pointed out by the learned counsel for the defendants-tenants/petitioners. Both the courts below have recorded the aforesaid findings after exhaustively considering the evidences on record. In fact, the defendants- tenants/petitioners had made false averments and had set up false case which he failed to support in his cross-examination. The findings recorded by the courts below are findings of fact based on consideration of relevant evidences on record and, therefore, the findings cannot be interfered with in jurisdiction under Article 227 of the Constitution of India.
8. For all the reasons afore-stated, I do not find any merit in this petition. Consequently, the petition is dismissed with cost of Rs.10,000/-.
Order Date :- 30.07.2019 NLY