RAM KUMAR Vs. DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri Rajeev Misra, learned counsel for the petitioner, Sri H. N. Tripathi, advocate assisted by Sri Rajesh Tripathi, learned counsel for the contesting respondents and Sri Piyush Shukla, learned standing counsel for the respondent Nos. 1 and 2.

(2.) Original Suit No. 485 of 1982 was filed by one Smt. Saraswati Devi, who is the respondent No. 3 in the present petition for eviction and arrears of rent and damages against tenant Sri Ram Kumar, who is the petitioner. In the said suit Issue No. 5 was framed, as to whether the suit as filed by the plaintiff was maintainable or not. The said issue was decided as a preliminary Issue. Thereafter the trial court heard the matter on merits and vide judgment and order dated 12.12.1983 partly decreed the suit in favour of the plaintiff. The said suit was decreed to the extent of arrears of rent and damages while the relief of eviction was refused on the ground that the tenancy of the defendant had not been terminated after valid notice. It is admitted position that against the said judgment and order of the trial court, no appeal was filed by the defendant. As a consequence thereto, the finding recorded with regard to the maintainability of the suit stood decided finally between the parties.

(3.) The plaintiff filed an appeal against the part of the decree of the trial court whereby the relief of eviction was refused. The said appeal was registered as Appeal No. 19 of 1984 before the District Judge, Mathura. By means of the order dated 8th September, 1986 the learned District Judge had allowed the said appeal filed by the plaintiff and held that the notice was served upon the defendant was sufficient, the suit as filed by the plaintiff was decreed in respect of the eviction and arrears of rent and damages also.