PREM CHAND Vs. DISTRICT JUDGE GHAZIPUR

JUDGEMENT

(1.) THIS is a tenants petition for relief under Article 226 of the Constitution.

(2.) RESPONDENTS 2 and 3 Rajendra Prasad and Sahmbhoo Naih Jaiswal filed a suit in the Court of Judge Small Causes, Ghazipur in the year 1980 for eviction of the Petitioners from a shop after serving upon them a notice under Section 106 of the Transfer of Property Act. The case of the Plaintiffs was that the said shop was constructed in the month of April, 1974 and it fell outside the purview of the U.P. Act No. 13 of 1972 (U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act - -hereinafter referred to as the Act. The Defendants contested the suit on a number of grounds, one of such grounds being that the notice under Section 106 of the Transfer of Property Act v as invalid.

(3.) THE District Judge held that there was no defect in the notice to quit given by the Plaintiff under Section 106 of the Transfer of Property Act was quite valid and that the Defendants were not entitled to the protection of Section 39 of the Act, inasmuch as they did not deposit the requisite amount in his Court within one month of the date on which the Act became applicable to the premises in question. In the result he, vide judgment dated 15th September, 1984 allowed the revision application and decreed the Plaintiff's suit. Aggrieved, the Defendants have approached this Court for relief under Article 226 of the Constitution.