GANESH PRASAD ALIAS GANNO NAI Vs. RAJENDRA BHAN

JUDGEMENT

(1.) ANJANI Kumar, J. This is a writ petition under Article 226 of the Constitution of India by the petitioner-tenant who is aggrieved by the order passed by the trial Court and affirmed by the revisional Court on revision under Section 25 of the Provincial Small Cause Courts Act.

(2.) THE plaintiff-landlord filed a suit against the petitioner-tenant claiming arrears of rent, damages, water tax which is claimed as under: " (a) Rent of Mesne Profits for 3 years Rs. 1440. 00 (b) Water Tax on rental value of Rs. 1440 at the rate of 14% for three years Rs. 201. 00 (c) Cost of notice Rs. 300. 00 Total Rs. 1941. 00''

(3.) ON the pleadings of the parties the trial Court framed the following issues: " (1) Whether the defendant is liable to pay water tax apart from rent since after 15th July, 1972 ? (2) Whether the defendant-tenant has committed default and whether the rent against him is due since 1st July, 1976 ? (3) Whether the tenant is entitled to benefit of sub-section (4) of Section 20 of U. P. Act No. 13 of 1972 ? (4) Whether service of notice dated 3rd July, 1996 is sufficient on the defendant-tenant ? (5) Report, any. ''