SHIV BALAK SINGH Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) This is landlord's writ petition arising out of S.C.C. Suit No.140 of 1997, Mahadeo Singh Vs. Smt. Sona Devi. The suit was filed for eviction of the tenant respondent No.3, Smt. Sona Devi for eviction from the tenanted accommodation consisting of a room, rent of which is Rs.40/- per month. The room was let out by Mahadeo, father of the petitioner to late Raja Ram, husband of defendant respondent No.3. The suit was filed for eviction on the ground of default and for recovery of arrears of rent. J.S.C.C., Lucknow through judgment and decree dated 10.05.2007 held that tenant was not defaulter as after receiving the notice she had sent the rent through money order, which was refused by the landlord, however the suit for recovery of arrears of rent was decreed. Against the said decree, landlord petitioner filed S.C.C. Revision No.26 of 2007. A.D.J., Court No.14, Lucknow through judgment and order dated 13.02.2009 dismissed the revision, hence this writ petition.

(3.) The main point argued by learned counsel for landlord petitioner is that the courts below wrongly refused to strike off the defence of the tenant.