TAQDIRUNNISA SMT Vs. IST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This is landlords writ petition arising out of their suit for eviction filed against tenant respondent being suit (SCC Suit No. 486 of 1971 Munsif (West)/JSCC, Allahabad through judgment and decree dated 30.11.1973 decreed the suit for eviction and recovery of arrears of rent. Suit was decreed on the finding that tenant was in arrears of rent and that notice of termination of tenancy had been served through refusal. Tenant respondent filed a revision against the said judgment and decree being Civil Revision No. 97 of 1974. 1st Additional District Judge, Allahabad allowed the revision through judgment and order dated 4.8.1978, dismissed the suit for ejectment and recovery of arrears of rent and decreed the same only for recovery of electricity charges, hence this writ petition by landlords.

(2.) The only point on which Revisional Court allowed the revision was that the original notice which according to the plaintiff was sent through registered envelop and had been returned with the postman's endorsement of refusal had not been proved. The returned envelope had been filed by the plaintiff however the said envelope was not opened and plaintiff only proved copy of the notice. The same point has been urged by learned Counsel for the tenant respondent during arguments. The finding that the notice was actually refused has not been seriously challenged. Even otherwise there is no error in the said finding recorded by both the Courts below in favour of the landlords petitioners.

(3.) Plaintiff proved the copy of the notice. In the said copy of the notice there is no legal error and it is in accordance with Section 106 T.P. Act Landlords stated that the said copy was true copy of the original notice.