MOHAN Vs. ADDL D J VARANASI

JUDGEMENT

(1.) A. B. Srivastava, J. This is a tenant's petition arising out of proceeding under Section 20 of the Act 13 of 1972 'hereinafter referred as the Act'. The petitioner has sought quashing of an order dated 7-8-1990 of the J. S. C. C. Varanasi whereby he decreed the suit of the landlord respondent No. 3 for ejectment and arrears of rent against the petitioners and an order dated 14-12-1993 of the Additional District Judge confirming the same in revision.

(2.) THE suit was filed by the respondent No. 3 'hereinafter referred as the respondent' alleging that she is landlord of house No. CK 63/146, Mohalla Chhoti Piyari, district Varanasi. Mahadeo father of the petitioners was a tenant in two rooms of the same on Rs. 14 per month rent. THE rent as and when paid by the tenant was endorsed on the Sarkhat Kirayadari which remained in the possession of the tenant. THE tenant fell in arrears of the rent from January 1977 w hereupon a notice of demand and termination of tenancy dated 1-11-1978 was served on him but he failed to comply hence the suit.

(3.) AS far as the question of default is concerned, the finding recorded by the learned JSCC is a finding of fact, based on consideration of entire relevant material on record. In coming to his conclusions, he took into account the evidence led by the parties and the permissible inferences, the same has been validly affirmed by the revisional court, and in this proceed ings there is no reason or ground to differ, or interfere, with the same.