LAWS(ALL)-2013-1-138

MAHESH CHANDRA Vs. ASHWANI KUMAR

Decided On January 10, 2013
MAHESH CHANDRA Appellant
V/S
ASHWANI KUMAR Respondents

JUDGEMENT

(1.) Heard Sri Kshitij Shailendra, learned counsel for the petitioner and Sri A.K.Gupta, learned counsel for the respondents.

(2.) The writ petition is directed against judgment and order dated 23.8.2002 passed by Small Cause Court, Chandausi District Moradabad in SCC Suit No.3 of 1994 and judgment and order dated 5.11.2004 passed by Revisional Court i.e. Addl. District Judge, Chandausi, District Moradabad dismissing S.C.C. Revision No.16 of 2002.

(3.) The petitioners are tenant and disputed premises is a shop situated at Telgali Bazar Pasratta, Chandausi, District Moradabad. The respondent Ashwani Kumar is the owner/landlord of disputed shop. The landlord served a notice dated 22.11.1993 upon tenant alleging that rent is due since 1.1.1993 and therefore, demanding arrears of rent and also terminated his tenancy. Thereafter another notice dated 27.12.1993 was given stating that there was typographical error about the date in rent due and in fact instead of 1.1.1993, it was due from 1.1.1991.