Allahabad High Court
Madan Mohan vs Mohan Lal Agrawal on 7 July, 2025
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:38353 Court No. - 7 Case :- S.C.C. REVISION No. - 1 of 2025 Revisionist :- Madan Mohan Opposite Party :- Mohan Lal Agrawal Counsel for Revisionist :- Sharad Yadav,Saurabh Upadhyay Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the revisionist and perused the record.
2. Affidavit of service has been filed indicating that the opposite party has been served, however, nobody has put in appearance.
3. The present revision has been filed by the revisionist challenging the judgment of the JSCC Court dated 13.12.2024.
4. The facts in brief are that the revisionist had given a property on rent to the respondent through an agreement executed in between the parties and there was a default in payment of rent, JSCC suit was instituted for a decree of arrears of rent and ejectment. The said suit proceeded exparte vide order dated 18.08.2023. Subsequently, the suit has been dismissed by the JSCC Court on the ground that in terms of the document submitted, the property in question was earlier allotted in favour of one company and one Krishna Kumar and thereafter, an allotment letter was issued in favour of the revisionist, however, as per the JSCC, no document of title in the form of registered sale deed was executed, as such, on that simple ground, the suit was dismissed.
5. The counsel for the revisionist argues that the Court below has erred in dismissing the suit on that ground as, admittedly the relationship of landlord and tenant in between, the revisionist and the opposite party was concluded and also accepted by the respondent and thus, the JSCC Court has erred in dismissing the suit. Accepting the said submission, prima facie, the JSCC Court had to see whether the relationship of landlord and tenant exist in between the parties or not.
6. The JSCC Court has clearly erred in rejecting the suit solely on the ground that the title-deed in favour of the revisionist was not filed. Clearly the order is in excess of powers conferred upon the JSCC, as such on that ground, the impugned judgment cannot be sustained and is set aside. The matter is remanded to the JSCC Court to decide the matter afresh and in accordance with law expeditiously.
7. In view of the fact that the Rent Control Act 2021 has been promulgated, it will be open to the revisionist to file fresh proceedings before the authorities under the Rent Control Act, 2021, if so advised, in accordance with law.
8. The revision is disposed of in terms of the above.
Order Date :- 7.7.2025 Arun