RAM ASREY Vs. IVTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) By means of this writ petition under Art. 226 of the Constitution of India the petitioners have challenged the decision of the IV Additional District Judge, Azamgarh, dated 27th Aug., 1980.

(2.) Respondent No. 2 was a tenant in the shop premises situate in Mauja Mahanagar Tahsil Lalganj, district Azamgarh, on behalf of the petitioners. The rent payable was rupees thirty-five per month. The tenancy was from month to month. On 5-9-1975 the petitioners gave notice under registered cover to the respondent No. 2 under Sec. 100 of the Transfer of Property Act. The notice was served upon the respondent No. 2 on Sept. 5. 1975. The rent was, however not deposited or paid within the period indicated in the notice. The petitioners brought a suit for eviction and arrears of rent against the respondent No. 2. The suit was decreed by the trial court on April 1, 1975. In revision filed by the respondent No. 2 the decree for eviction was reversed by the IV Additional District Judge, Azamgarh, on Angst 27, 1980, observing that the petitioners had not proved the notice claimed to have been given to the respondent No.2.

(3.) Aggrieved the petitioners-landlords have approached this Court.