RAJEEV KUMAR SINGHAL Vs. INCHARGE DISTRICT JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 23-10-1997 passed by the Judge Small Causes Court decreeing the suit ex-parte and the order of the Revisional Court dated 20-11-1997 dismissing the revision against the said order.

(2.) THE plaintiff-respondent No. 3 filed suit for recovery of arrears of rent, ejectment and damages with the allega tions that the petitioner was tenant of the disputed premises at the rate of Rs. 150/-per month. He sent a notice demanding arrears of rent and terminating his tenan cy. THE tenant did not comply with the notice. It was further stated that the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (in short the Act) were not applicable. THE petitioner did not file any written statement hut he sought adjourn ment. THE applications for adjournment were rejected and the Court proceeded under Order 8, Rule 10 of the Code of Civil Procedure and decreed the suit. THE petitioner filed revision against the said order. THE Revisional Court dismissed the revision summarily as follows: "heard learned counsel for the parties. I do not find any substance in the revision and as such it is dismissed. " This order has been challenged in the present writ petition.

(3.) CONSIDERING the fact and cir cumstances of the case the writ petition is allowed. The order dated 20- 11-1997 is hereby quashed. The Revisional Court is directed to decide the revision again in accordance with law within three months from today. The parties shall hear their own costs. Petition allowed. .