Neutral Citation No. - 2025:AHC-LKO:24939 Court No. - 6 Case :- WRIT - A No. - 1000039 of 2015 Petitioner :- Rajjan Lal Nigam Respondent :- Special Judge S.C./S.T.Actaddl.Distt.And Session Judge And Ors Counsel for Petitioner :- Virendra Mishra Counsel for Respondent :- Rakesh Pandey Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed challenging the order dated 27.11.2012, whereby the SCC Suit filed by the petitioner was dismissed on the ground that the relationship of the land lord and tenant already stood decided in the earlier suit inter-se between the parties, as such, the same would appear as res judicata. The said finding is clearly erroneous. 3. Considering the fact that the issue of the land lord and tenant is to be decided considering the definition of tenant and the land lord as prescribed under the U.P. Act No.13 of 1972, the finding recorded by the Civil Court in the incidental proceedings, would not have a bearing and would have to be decided on its own merits. 4. Considering the fact that the four similar petitions are pending in the lower court, as informed by learned counsel for the petitioner, both the orders dated 06.01.2015 and 27.11.2012 are quashed and the matter is remanded to the SCC Court to record findings with regard to the other issues specifically the default whether committed or not and decide the matter afresh expeditiously, preferably within a period of one year from today, in accordance with law. 5. The writ petition is disposed of in the above terms. Order Date :- 30.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench