Uttaranchal Court February 2003 Judgments

Mohan Chandra Tewari Vs. Harish Chandra Bhandari and Etc.

Court: Uttaranchal

Reported in: AIR2003Utr10

ORDERP.C. Verma, J.1. In these two revisions a common question arises for decision on the arguments advanced by the parties counsel, therefore, both the revisions are being decided by one and common judgment.2. Both these revisions have been filed against the decree passed by the Judge Small Cause Courts/District Judge, Almora in S. C. C. Suits Nos. 6 of 1987 and 5 of 1987 respectively on 2-5-1998. These suits were filed for eviction of the revisionist, recovery of rent and damages and mesne profits. After framing of issues and evidence led by the parties, the trial court decreed the suits and passed the decree for eviction, recovery of rent and damages and also mesne profits.3. Feeling aggrieved, the revisionist filed these revisions on various grounds. During course of argument, the learned senior Ad-vdcate Sri Ravi Kiran Jain argued only one point that the plaints in suits do not disclose any cause of action. Therefore, the suits were liable to be dismissed under Order 7, Rule 11 of...