MADHURI SAXENA Vs. VTH ADDL D J

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, questions the order passed by the Vth Additional District Judge exercising powers of revision under the provision of Section 25 of the Provincial Small Causes Courts Act. The facts leading to filing of the present writ petition are as under :

(2.) The trial court decided issue Nos. 1 and 2 in favour of plaintiffs and, therefore, decreed the suit holding that the plaintiffs have validly determined the tenancy and suit has been instituted after terminating the tenancy. Thus, suit for ejectment and recovery of arrears of rent was decreed against the defendant. Aggrieved thereby the defendant preferred a revision before respondent No. 1 and before the revisional court the same arguments were advanced :

(3.) The revisional court affirmed the order passed by the trial court and dismissed the revision. Aggrieved thereby the defendant preferred this writ petition. Learned counsel for the petitioner-defendant has relied upon the provisions of Section 20 (2) (g) of the Act, which reads as under :