RAFIQ Vs. KHODEJA BIBI

JUDGEMENT

(1.) Petitioner who is a tenant has invoked the extra-ordinary jurisdiction of this Court for quashing of the judgment and order dated 30.4.2007 passed by the Civil Judge (Senior Division), Jaunpur exercising powers of the Small Causes Court and the judgment and order dated 22.9.2012 passed by the Additional District Judge dismissing the revision arising there from.

(2.) The dispute is regarding house No.92-B situate in Mohalla Shaikhmohamir, Jaunpur. Respondent is the owner and landlord of the said house. She had let out the said house to the petitioner on 5.5.1992 for a period of three years w.e.f. 4.5.1995. Before expiry of the said period, on 12.4.1995 a rent note was executed before a notary permitting the petitioner to reside in the said house for a further period of three years i.e. up to 4.5.1998 on a rent of Rs.300/- p.m. with a clear stipulation that the tenancy would be on month to month basis. On the expiry of the above period when the petitioner failed to vacate the house the respondent by a registered notice dated 22.1.1997 terminated his tenancy under Section106 of the Transfer of Property Act, 1882 and instituted S.C.C. Suit No.18 of 1999 for his eviction.

(3.) The suit was contested by the petitioner accepting that the provisions of U.P. Act No.13 of 1972 are applicable but denying the service of any notice terminating the tenancy and contending that as the tenancy was on month to month basis he is not liable to eviction unless the tenancy is properly and validly terminated.