OM PRAKASH Vs. HARI SINGH YADAV

JUDGEMENT

(1.) The present Writ Petition has been filed under Article 226 of the Constitution of India, interalia, praying for quashing the judgment and order dated 19.9.2003 (Annexure-7 to the Writ Petition) passed by the learned Special/Additional District Judge, Saharanpur and the judgment and order dated 28.4.1998 (Annexure-6 to the Writ Petition) passed by the learned Judge, Small Cause Court, Saharanpur.

(2.) The dispute relates to a shop bearing Municipal No. 1/868/2 Shiv Mandir Chowk, Sharda Nagar, Saharanpur, the details whereof are given in the plaint of the Suit referred to hereinafter. The said shop has hereinafter been referred to as "the disputed shop".

(3.) From a perusal of the averments made in the Writ Petition and the annexures thereto, it appears that the respondent filed a Suit for eviction, arrears of rent, damages etc. against the petitioner in respect of the disputed shop. It was, interalia, stated by the respondent in the said Suit that the petitioner was the tenant of the disputed shop at a monthly rent of Rs. 25/-; and that the rent with effect from 1.2.1986 was due from the petitioner in respect of the disputed shop, which was not paid by the petitioner despite repeated demands and notice; and that a notice dated 20.1.1997 was sent by the respondent through his Counsel by registered post, which was received by the petitioner on 21.1.1997; and that by the said notice, the petitioner was called upon to pay, within one month of the receipt of the said notice, the entire arrears with effect from 1.2.1986 at the rate of Rs. 25/- per month as well as the cost of the notice, and further, the tenancy of the petitioner was determined on the expiry of the period of 30 days from the date of the receipt of the notice; and that the petitioner did not comply with the terms of the said notice and instead, the petitioner gave an incorrect reply through his Counsel.