RAM BABU Vs. RAJ KUMAR SINGH

JUDGEMENT

(1.) Heard Sri Tripathi B.G. Bhai, learned counsel for the petitioner and Sri Pankaj Agrawal, learned counsel for the respondent.

(2.) The tenant petitioner has sought to invoke supervisory jurisdiction of this Court under Article 227 of the Constitution questioning the judgment and order passed by the revisional court in SCC Revision under Sec. 25 of Provincial Small Cause Courts Act, 1887.

(3.) The petitioner is aggrieved against the order for there being no justification to reverse the judgment and order of the Trial Judge in SCC Suit No. 32 of 2005, wherein land lord respondent has been non suited on the ground that the service of notice was not effected upon the tenant so as to determine the tenancy, inasmuch as, the petitioner was not found to be in default of payment of rent and if he continued to deposit the rent in time, may be under Sec. 30 of U.P. Urban Buildings (Regulation of Letting and Eviction) Act, 1972, he would be entitled to protection under Sec. 20(4) of the said Act. So the bone of the contention between the parties qua maintainability of the suit and consequential entitlement of land to get the suit for ejectment decreed and on sufficiency of service of notice.