PANIRAM Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) The petitioner before this Court, in the present Writ Petition, is a tenant, wherein, he has put to challenge, the impugned judgments dated 4th September, 2016, which has been rendered in SCC Revision No. 21 of 1996, Paniram Vs. Smt. Bhagwati Devi, and as a consequence thereto, it has resulted into an affirmation of judgment and decree dated 16th April, 1996, which has been rendered by the Judge, Small Causes Courts in SCC Suit No. 15 of 1989, Smt. Bhagwati Devi Vs. Paniram.

(2.) The brief facts, which engages consideration in the present Writ Petition, are that the respondent/landlord had filed a SCC Suit on 28th July, 1989, for the purposes of seeking an eviction of the petitioner/tenant from the tenement, in question, which was more appropriately described at the foot of the plaint, as to be; constituting to be a residential accommodation of two rooms, over which, the tenancy was created by the erstwhile landlord, late Mr. Kali Ram, who had divested the property to the respondent/landlord, by will, executed in her favour on 17.11.1974.

(3.) The contention in the plaint, as raised by the landlord, was to the effect that the tenancy with the petitioner commenced from 1973, and as the petitioner/tenant since has committed a default in the remittance of the rent ever since 1982, which the landlord had contended and claimed to be payable @ 25/- p.m., hence, by virtue of a registered notice issued on 16.06.1989, under Section 106 of the Transfer of Property Act, the respondent No.3, the landlord has terminated the tenancy, and since the default was alleged to have been committed for the sufficient long period, the rent, which was claimed to be payable by virtue of the notice of 16.06.1989, was for a period of three years; preceding the date of notice i.e. dated 16.06.1989, which was admittedly, as per the records was served upon the petitioner on 21st June, 1989.