AZIZ ULLAH Vs. MUSHARRAF HUSSAIN DECEASED

JUDGEMENT

(1.) Heard Mr. I.N. Singh, learned counsel appearing for the tenant-petitioner and Mr. R.S. Pandey, learned counsel appearing for landlord-respondents.

(2.) This petition has been filed under Article 227 of the Constitution invoking superintending/supervisory jurisdiction of this Court questioning the judgment and decree passed by Judge, Small Cause dtd. 18/12/2018 in S.C.C. Case No. 11 of 1999 whereby the suit for arrears of rent and eviction, both on the ground of default in payment of rent at the end of tenant petitioner as well as for material alteration of the building within the meaning of Sec. 20 (2) (c) of Act No.13 of 1972, has been decreed. The said decree came to challenged unsuccessfully in Small Cause revision by the tenant petitioner as the same has also came to be dismissed vide judgment and order dtd. 18/12/2024. The said judgment is also challenged before this Court in this petition.

(3.) Mr. I. N. Singh, learned counsel appearing for the petitioner has basically argued on the point of materialalteration of the building for which the suit has been decreed. Although he has also tried to assail the order on the point that findings to the effect that petitioner was in arrears of rent was not justified for continued deposit made under Sec. 30 of Act No. 13 of 1972.