Ravi Dhingra and ors. Vs. Judge, Small Causes/A.D.J.

Ravi Dhingra and ors. vs Judge, Small Causes/A.D.J.

Disposition Petition dismissed Court Uttaranchal Decided Dec 09, 2002

~2 min read

https://sooperkanoon.com/case/513637

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/513637
Court: Uttaranchal High Court
Judge: M.M. Ghildiyal, J.
Decided On: Dec 09, 2002
Case Number: Civil Petition No. 1181 (M/S) of 2002
Subject: Tenancy
Disposition: Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Tenancy - eviction - Order 14 Rule 2 of Code of Civil Procedure, 1908 and Section 2 (2) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - suit filed by landlord for eviction - during pendency of suit application by tenant questioning applicability of Act to disputed property - applicati...

Key legal issue: Tenancy
Outcome / disposition: Petition dismissed
Acts & sections: Code of Civil Procedure (CPC) , 1908 - Order 16, Rule 2; Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 2(2)

Parties & Advocates

Appellant / Petitioner

Ravi Dhingra and ors.

Advocate Arvind Vashistha, Adv.

Respondent

Judge, Small Causes/A.D.J.

Advocate Alok Singh, Adv.

Legal References

Acts: Code of Civil Procedure (CPC) , 1908 - Order 16, Rule 2; Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 2(2)
Reported In: 2003(1)AWC844(UHC)

Excerpt

tenancy - eviction - order 14 rule 2 of code of civil procedure, 1908 and section 2 (2) of u. p. urban buildings (regulation of letting, rent and eviction) act, 1972 - suit filed by landlord for eviction - during pendency of suit application by tenant questioning applicability of act to disputed property - application rejected by small cause court for want of evidence - no infirmity in order of small cause court - petitioner has not impleaded landlord as party - petition liable to be dismissed. - motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant.m.m. ghildiyal, j.1. heard sri arvind vashistha, learned counsel for the petitioner and sri alok singh learned counsel who appeared for the landlord.2. the petition has been filed by the tenant challenging the order dated 20.11.2002 passed by the additional district judge/fast track court, i, dehradun acting as judge ; small cause court rejecting the application 15 ga filed by the tenant.3. the landlord filed small cause suit for eviction and recovery of arrears of rent in the year 1999. since the suit was pending and ; not decided, the matter went to the high court and the high court on 7.8.2001 directed the small cause court to decide the suit within two months. thereafter the tenant moved an application for amendment, which was allowed by the court below on the same day, i.e., on 7.11.2002. the tenant thereafter moved an application with a prayer to decide the issue 'whether act no. xiii of 1972 is applicable to the disputed property?' as preliminary issue. the application of the tenant has been rejected by the small cause court on 20.11.2002 holding that the issue required evidence before it is decided. the landlord has already adduced evidence and it would be proper that the issue may be decided after both the parties have adduced evidence in respect of the disputed property.4. i find no infirmity in the order of the judge small cause court. further, the petitioner has not impleaded the landlord as a party in the petition, which is a necessary party. in view of the above, the petition is dismissed. no order as to costs.

Full Judgment

M.M. Ghildiyal, J.

1. Heard Sri Arvind Vashistha, learned counsel for the petitioner and Sri Alok Singh learned counsel who appeared for the landlord.

2. The petition has been filed by the tenant challenging the order dated 20.11.2002 passed by the Additional District Judge/Fast Track Court, I, Dehradun acting as Judge ; Small Cause Court rejecting the application 15 Ga filed by the tenant.

3. The landlord filed small cause suit for eviction and recovery of arrears of rent in the year 1999. Since the suit was pending and ; not decided, the matter went to the High Court and the High Court on 7.8.2001 directed the Small Cause Court to decide the suit within two months. Thereafter the tenant moved an application for amendment, which was allowed by the court below on the same day, i.e., on 7.11.2002. The tenant thereafter moved an application with a prayer to decide the Issue 'Whether Act No. XIII of 1972 is applicable to the disputed property?' as preliminary Issue. The application of the tenant has been rejected by the Small Cause Court on 20.11.2002 holding that the Issue required evidence before it is decided. The landlord has already adduced evidence and it would be proper that the issue may be decided after both the parties have adduced evidence in respect of the disputed property.

4. I find no infirmity in the order of the Judge Small Cause Court. Further, the petitioner has not impleaded the landlord as a party in the petition, which is a necessary party. In view of the above, the petition is dismissed. No order as to costs.

Same Court & Year Uttaranchal · 2002 Same Parties Ravi Dhingra and ors. vs Judge, Small Causes/A.D.J. Same Subject Tenancy Same Judge M.M. Ghildiyal, J. Acts & Sections Code of Civil Procedure (CPC) , 1908 - Order 16, Rule 2; Utta...

Tenancy