SHAKUNTALA DEVI JAIN Vs. NIRAJ BANSAL

JUDGEMENT

(1.) S. P. Mehrotra, J. This writ petition has been filed under Article 226 of the Constitution of India by the petitioners, inter alia, praying for quashing the order dated 24-7-2003 (Annexure-5 to the writ petition) passed by learned Additional District Judge, Court No. 15, Agra on an application (Paper No. 85 Ga) filed in S. C. C. Revision No. 66 of 2000.

(2.) FROM the assertions made in the writ petition, it appears that the respondent No. 1 (respondent first set) as plaintiff filed a suit for ejectment, arrears of rent, damages etc. against the respondent Nos. 2 and 3 (respondent second set) and one Smt. Tulsa Devi (defendant Nos. 1, 2 and 3, respectively in the said suit) in respect of the shop, referred to hereinafter. The said Suit was registered as SCC Suit No. 265 of 1994.

(3.) IT was, inter alia, further alleged in the said suit that the respondent No. 1 herein (plaintiff in the said suit) sent registered notice of demand and to quit dated 12-9-1994 posted on 13-9-1994 through the counsel to the defendants in the said suit which was served upon the defendant Nos. 1 and 2 (respondent Nos. 2 and 3 herein) on 20-9-1994 and upon the defendant No. 3 (the said Smt. Tulsa Devi) on 19-9-1994 personally, but the defendant No. 1 (respondent No. 2 herein) neither paid arrears of rent and water tax nor vacated the disputed shop and sent an absolutely false and incorrect reply dated 4- 10-1994 through counsel.