MANOJ KUMAR YADAV Vs. SHOBHA BOS

JUDGEMENT

(1.) This is a criminal revision against the judgment and order dated 23/07/1990 passed by the Uppar Nagar Magistrate I, Allahabad in Criminal Case No. 12 of 1989 under S. 145, Cr. P.C. P.S. Colonolganj, Allahabad.

(2.) The facts giving rise to this criminal revision briefly stated are as under :- There is a lady named Km. Shobha Bos daughter of late N. N. Bos. She is a land lady of house No. 183 Colonolganj, Allahabad. She resides quite alone in the major portion of the said house. A small portion measuring 8' x 8' of the said house was in the tenancy of one A. N. David. A. N. David fell in arrears of rent. Consequently the land lady Km. Shobha Bos filed a Judge Small Cause Court Suit No. 85/85 Km. Shobha Bos v. A. N. David for recovery of rent and eviction of A. N. David from the said portion, which was used by him as a shop. That suit was decreed ex parte on 21-12-85. A. N. David moved an application which was registered and numbered as 9/85 for setting aside the ex parte decree. That application was, however, allowed on certain conditions vide order dated 4/05/1987. In pursuance of the order dated 4/05/1987 itself A. N. David deposited a sum of Rs. 5,000.00 as arrears of rent in the Judge Small Causes Court, Allahabad. During the pendency of the said application itself, A. N. David gave information on 1-12-86 to the Rent Control and Eviction Officer of the vacation of the premises in question by him.

(3.) Consequently the premises in dispute was declared vacant on 30-4-87. But he did not allegedly give information of the vacation of the disputed premises by him to the landlady Km. Shobha Bos. Subsequently she was allegedly unaware till 30/04/1987 of the premises in question having fallen vacant. No notice or summons was allegedly served on her through the office of the Rent Control and Eviction Officer about the vacation of the premises in suit or of the inspection of the same made by the Rent Control Inspector thereafter.