HIMMAT SINGH Vs. III ADDITIONAL DISTRICT JUDGE DEORIA

JUDGEMENT

(1.) THROUGH this writ petition, Himmat Singh petitioner, who is the tenant of a shop at Mohan Koti, Madan Road, town Deoria. district Deoria, has sought quashing of the order dated 26-7-1993 passed by the ill Additional District Judge, Deoria and the order dated 3-4-1993 passed by the Civil Judge, Deoria (Aenexure 3 and 1 respectively to the writ petition). These orders were passed in proceedings under Small Cause suit no. 8 of 1984 filed by respondents nos. 3, 4, 5 and 6 jointly for eviction of the petitioner and recovery of rent and other arrears of water tax etc. from the petitioner in respect of the said shop (respondents 3 to 6 hereinafter shall to be referred to as the respondents). The order dated 26-7-93 was passed by III Additional District Judge, Deoria respondent no. 1 in revision under section 25 of the Provincial Small Cause Courts Act and the order dated 3-4-93 was passed by Additional Civil Judge, Deoria decreeing Small Cause suit no. 8 of the 1984 filed by the respondents,

(2.) IN brief the facts of the case are as under.

(3.) THE petitioner as well as respondents filed documents in support of their respective pleas. Out of the documents filed by respondents, paper nos. 57-C and 66--C being notice for apportionment regarding payment of rent of the shop in dispute was also filed by petitioner. By this document petitioner tried to establish that inspite of the said notice the respondents failed to identify their respective shares in the shop in dispute and their respective share in the rent to be paid total of which was only Rs. 50/- per month for the entire shop and on account of the failure of respondents in this respect rent could not be paid as such there was no default in payment of rent by him.