ABDUL WADOOD Vs. XIVTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS is tenant's writ petition challenging the order of the trial court and affirmed by the revisional court in a revision filed under Section 25 of the Provincial Small Cause Courts Act.

(2.) THE admitted fact is that the landlord -respondent filed a suit for arrears of rent and ejectment against the petitioner -tenant. Learned counsel for the petitioner argued that a notice terminating the tenancy has not been duly served on the petitioner -tenant. This Court in exercise of powers conferred under Article 226 of the Constitution of India will not sit in appeal over the findings recorded by the trial court and affirmed by the revisional court to the effect that the notice determining the tenancy is duly served on the petitioner -tenant. There is yet another ground on which this writ petition can be disposed of.

(3.) IN this view of the matter, the trial court as well as the revisional court has committed an error of law. The view finds support from the decisions cited by learned counsel for the petitioner in, 1982 ARC 121 and the judgment in, 1989 (1) ARC 172. The another decision which is relied upon by the learned counsel for the petitioner is in, 1989 (2) ARC 9.