KALU RAM Vs. SANJEEV KUMAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY means of this writ petition moved under article 226 read with 227 of Constitution of India, the petition has sought writ in the nature of certiorari quashing the judgment and order dated 10.09.2009 passed by the Revisional Court (Addl. District Judge/First Fast Track Court, Roorkee), whereby said court has affirmed the judgment and decree dated 23.02.2008 passed by Judge, Small Cause Court/Civil Judge (Sr. Div.), Roorkee, District Haridwar. The trial court had decreed the suit for ejectment of the tenant (present petitioner) and also for recovery of arrears of rent and mesne profit.

(3.) PERUSAL of the impugned order shows that there is concurrent finding of fact that the respondents are the landlords and the petitioner (defendant) was their tenant on rent at the rate of Rs. 150/ - per month in the premises in question situated in village Shahpur, Bhagwanpur, District Haridwar. Both the courts below have found that the tenant committed default in payment of rent as such termination of tenancy by serving notice under section 106 of Transfer of Properties Act, 1882, was lawful.