JAMAL Vs. IQBAL

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter -alia, seeking quashing of the judgment and order dated 1 -5 -2002 (Annexure 8 to the writ petition) passed by the learned Additional District Judge/Special Judge, N.D.P.S. Act, Meerut and the judgment and order dated 19 -11 -1998 (Annexure 7 to the writ petition) passed by the learned Additional Judge, Small Cause Court, Meerut.

(2.) THE dispute relates to an accommodation in House No. 34 situated in Mohalla Purwa Hafiz Abdul Karim, Meerut, the details whereof have been given at the foot of the plaint of the suit referred to here -in -after. The said accommodation has, hereinafter been referred to as 'the disputed accommodation's.

(3.) IT was, inter -alia, alleged in the said plaint that the said Aziz Uddin, the predecessor in interest of the respondents was the owner and landlord of the said House No. 34 situated in Mohalla Purwa Hafiz Abdul Karim, Meerut; and that the petitioner was the tenant in the disputed accommodation at a monthly rent of Rs. 50/ - and that rent for the period from 1 -2 -1982 to 11 -5 -1986 was due from the petitioner; and that a notice dated 31 -3 -1986 of demand and determination of tenancy under Section 106 of the Transfer of Property Act was given on behalf of the said Aziz Uddin to the petitioner which was served on the petitioner on 11 - 4 -1986; and that despite the service of the said notice, the petitioner neither paid rent nor vacated the disputed accommodation.