NIZAMUDDIN Vs. BUSHARA KHATOON

JUDGEMENT

(1.) Heard Sri Ranvir Singh, Advocate, for petitioner and perused the record.

(2.) The suit for ejectment instituted by respondent-landlords i.e. S.C.C. Suit No. 12 of 1995 was decreed by the Trial Court i.e. Small Causes Court/ Civil Judge (Senior Division), Auraiya vide judgment dated 9.5.2005 and petitioner's S.C.C. Revision No. 6 of 2005 having been dismissed by the Addl. District Judge, Auraiya by judgment dated 29.11.2012, this writ petition has come to this Court under Article 226 of the Constitution at the instance of petitioner-tenant.

(3.) Two points have been argued. Firstly that no notice was actually served upon petitioner and, therefore, ejectment suit was liable to be dismissed. On this aspect the Trial Court has recorded a finding of fact relying on appreciation of evidence, oral and documentary, which included petitioner's own oral deposition. It reads as under: