SUMITRA DEVI Vs. DISTRICT JUDGE CHITRAKOOT

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 17.11.2000 passed by respondent No. 1 in Civil (S.C.C.) Revision No. 15 of 1998 allowing the revision and setting aside the order dated 6.11.1998 passed by Judge, Small Causes Court and allowing the substitution application moved on behalf of the respondents.

(2.) The plaintiff respondent No. 1 filed suit for ejectment and arrears of rent against the defendant petitioners on the ground of default in payment of rent. Defendants contested the suit on the ground that provisions of U. P. Act No. 13 of 1972 were applicable to the premises in question and he was entitled to the protection of the said Act. Therefore, by simple notice under Section 106 of Transfer of Property Act, his tenancy could not be terminated. The trial court decreed the suit holding that provisions of U. P. Act No. 13 of 1972 were not applicable to the premises in question and tenancy was terminated on service of notice under Section 106 of Transfer of Properly Act.

(3.) Aggrieved with the above order, the tenants preferred revision before this Court being Civil Revision No. 3327 of 1977. The above revision was allowed and case was remanded on question of benefit of provisions of U. P. Act No. 13 of 1972 to the defendants and the question of validity of notice, vide order dated 30.6.1980.