ABDUL RASHID Vs. DISTRICT JUDGE ALMORA

JUDGEMENT

(1.) A. K. Yog, J. Abdul Rashid and another have filed this petition under Ar ticle 226/227 of the Constitution of India challenging the judgment and order dated 5-8-1998 passed by Court of Judge, Small Causes Court (Annexure-2 to the peti tion) confirmed by District Judge, Almora in revision under Section 25 of the Provin cial Small Causes Court Act by judgment and order dated 5- 5-2000.

(2.) A. U. S. C. C. Suit No. 1 of 1997 (Om Prakash v. Abdul Rashid) was filed by one Om Prakash, landlord/owner of house No. 172 (New No. 64) Lala Bazar, Almora for seeking eviction of defendant (petitioner) as contemplated under Section 20 (1) of this Act No. 13 of 1972 on the ground of default, material alteration etc.

(3.) THE learned counsel for the petitioners referred to ground No. 10 (added by way of amendment) and has attempted to show that the amount claimed by the plaintiff in the suit and in the notice in question were not inconsonance with each other. THE learned counsel for the petitioners, however, did not show from the written statement that such a defence was taken in the written statement. Even the judgment of trial Court does not indicate that any argument on this aspect was advanced before the trial Court.