UNION OF INDIA Vs. IIIRD ADDITIONAL DISTT. JUDGE

JUDGEMENT

(1.) THIS writ petition has been filed by the Union of India against the judgment of the IIIrd Additional District Judge, Pilibhit passed in the revision preferred by respondents 4 and 5 under Section 25 of the Provincial Small Cause Courts Act.

(2.) THE respondents 4 and 5 filed a suit in the Court of Judge Small Causes for ejectment of the Union of India from house No. 564 situate in Mohalla Faizullah Khan, Pilibhit and for recovery of arrears of rent. The allegations made in the plaint were that the Union of India was occupying the premises on a rental of Rs. 100/- p.m. but as the respondent did not want to continue its tenancy. The Union of India was served with notices under Section 106 of the Transfer of Property Act and Section 80, C.P.C. After service of these notices, the suit was filed for the reliefs, stated above.

(3.) THE Judge Small Cause on 26.2.1976 dismissed the suit for ejectment and decreed the same only for recovery of arrears of rent and damages. Against this judgment respondent No. 4 went up in revision under Section 25 of the Provincial Small Cause Courts Act which was accepted under the judgment and decree of the Small Causes Court Judge was set aside. Consequently the suit for the ejectment was also decreed, have the writ petition.