SUSHIL SHARMA Vs. XIIITH ADDITIONAL DISTRICT JUDGE GHAZIABAD

JUDGEMENT

(1.) This writ petition is directed against the order of the Judge Small Causes Court dated 28.4.1999 decreeing the suit for recovery of arrears of rent, ejectment and damages and the order of the revisional court dated 11.2.2000 dismissing the revision against the said order.

(2.) The landlord-respondent No. 3 filed Suit No. 6 of 1998 in the court of Judge Small Causes, Ghazlabad for recovery of arrears of rent, ejectment and damages against the petitioner from the house in dispute with the allegations that the petitioner was a tenant at monthly rent of Rs. 1,450. The disputed house was not governed by the provisions of U. P. Urban Building (Regulation of Letting. Rent and Eviction) Act. 1972 (in short the Act). His tenancy was terminated by notices dated 9.1.1998 sent on his residential address as welt as at his shop but after having received the notices, he had not vacated the same. The petitioner contested the suit. He alleged that the provisions of the Act were applicable. It was denied that he received any notice alleged to have been sent by the plaintiff-respondent. The trial court recorded a finding that the provisions of Act No. 13 of 1972 were inapplicable and the notices were served upon the petitioner. He preferred a revision. Respondent No. 1 has dismissed the revision by the impugned order.

(3.) The learned counsel for the petitioner. Sri Pankaj Mithal, raised three submissions against the judgments of the Courts below.