SUMAN WAHAL Vs. MUKTI SEN

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 25-3-1994 whereby the disputed accom modation has been declared as vacant and the order of release dated 8-4-1994 passed in favour of landlord Respondent No. 1.

(2.) ADMITTEDLY Respondent No. 1 is the landlady of the disputed premises. The father of the petitioner was its tenant. Dr. Rajendra Nath Sen and Sri Durga Das Sen, predecessors-in-interest of Respondent No. 1, filed suit for eviction of the petitioner's father before the Judge Small Causes Court on the ground that he has sub-let the shop in dispute to West Bengal State Handloom Weavers Co-operative Society Ltd. , Respondent No. 3. The defendant contested the suit with the al legations that the premises was not sub-let but the defendant was carrying on sale of products of Respondent No. as commis sion agent. The trial Court dismissed the suit on 23-5-1985. The plaintiffs filed revision against this judgment under Sec tion 25 of Small Causes Court Act, which is still pending.

(3.) LEARNED counsel for the petitioner contended that the petitioner was not served with any notice. The notice was issued to J. C. Wahal who has died long ago before issue of notice. This fact has not been denied that J. C. Wahal has died prior to issue of notice in his name.