ABDUL SHAKOOR Vs. LATEEF UDDIN

JUDGEMENT

(1.) THIS is an application :in revision against the order dated 8-4-1974 of Shri K. K. Birla, District Judge, Agra, dismissing the applicant's revision after confirming the order of the trial court.

(2.) THE facts leading to this application in revision are not disputed and may be narrated as follows. THE applicant moved an application under Section 11 of the U. P. Cantonments (Control of Rent and Eviction) Act, 1952, (hereinafter referred to as the Act) against the opposite party on the allegation that the opposite party was a tenant of the applicant under an allotment order and that more than three months' rent amounting to Rs. 444/- had fallen into arrears. This application under Section 11 of the Act was presented on 24-3-1971. Notice was issued to the opposite party for 31-7-1971. On 31-7-1971 the opposite party did not appear. THE service of notice on him was held to be sufficient. THE case was, however, adjourned to 8-10-1971 for disposal. It appears that the case was not taken on that date and it was adjourned to 7-1-1972. On 7-1-1972 also nobody appeared from the side of the opposite party and the trial court passed an order of eviction under Section 12 of the Act and communicated it to the District Magistrate. On 24-12-1972 the opposite party was evicted.

(3.) AGAINST the above order the applicant filed a revision in the Court below and the learned District Judge after hearing the parties dismissed that revision.