VADENA RAM Vs. PASHUPATI NATH MAHANT

JUDGEMENT

(1.) A. B. Srivasiava, J. In this petition, which is pending admission since 1987, counter and rejoinder affidavits have been exchanged, hence, it is being finally disposed of in accordance with Rules of Court after having learned counsel for the parties.

(2.) THE petitioner-tenants have by means of this petition, sought quash ing of a judgment and order dated 2-12-1986 of the J. S. C. C. , Azamgarh, decreeing the suit of the landlord-respondent No. 1 for ejectment and arrears of rent, and order dated 15-10-1987 of the 1st Additional District Judge, confirming the same in revision.

(3.) THE suit was contested by the petitioner with allegation that after the demolition of the two inner rooms, he remained a tenant only of the Shop No. 25-A, and has been paying rent @ Rs. 11 per month for the same, which was the rate for the other similar adjoining shops. THE petitioners are not defaulters having deposited the rent @ Rs. 11 per month under Section 30 of Act 13 of 1972 on account of refusal of the landlord, the notice is invalid.