RAHMAT ULLAH KHAN Vs. JAMEELA KHATOON

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record. This writ petition has been filed with the prayer for quashing the order dated 7.5.2010 passed by the Additional District Judge, Court No. 13, Bareilly in S.C.C. Revision No. 50 of 2005 and judgment and order dated 1.10.2007 passed by Judge Small Causes Court, Bareilly in S.C.C. Suit No. 17 of 2005.

(2.) The brief facts of the case are that landlord/respondent filed S.C.C. Suit No. 17 of 2005 against the petitioner for arrears of rent and eviction from the property in dispute. The suit was contested by filing written statement denying plaint allegations. The tenant came with the case in the written statement that he has not committed any default in payment of rent which according to him was paid regularly, but no receipts were issued by the landlord since January, 1998. It was also stated in the written statement that the rate of rent was Rs. 120/- per month which was exclusive of water tax. The petitioner-tenant also claimed benefit of section 20(4) of Transfer of Property Act No. 13 of 1972 as well as fact that the notice of termination of tenancy was also not served upon him.

(3.) The Trial Court vide its judgment and order dated 1.10.2007 decreed the suit for arrears of rent and ejectment of the petitioner.