SHEO MURTI GUPTA Vs. GHOOREY LAL AND ORS.

JUDGEMENT

(1.) THE Petitioner has filed the instant petition Under Article 226 of the Constitution of India for quashing by means of certiorari the judgment and Order dated 24.05.1980 (Annexure: 11 to the writ petition) passed by District Judge, Allahabad.

(2.) IN brief the facts are that the Petitioner is the owner and landlord of premises No. 260/17,Fura Baldi, Kydganj, Allahabad of which the Respondent No. 1 was tenant of a protein comprising of a Kothari on a monthly rent of Rs. 10/ -. As the Respondent No. 1 failed to pay the rent since 01 -08 -1975 the Petitioner sent to him notice dated 29/31 -03 -1978 Under Section 6 of Transfer of Property Act demanding arrears of rent and also determining the tenancy. The notice was served on Respondent No. 1 on 03 -04 -1978 but inspire of the service of the notice the Respondent No. 1 neither paid the rent to the Petitioner nor vacated the accommodation in suit. Consequently, the Petitioner filed a suit against the Respondent No. 1 claiming a decree of adjustment of the Respondent No. 1 from the portion in his occupation in the suit premises as well as for the recovery of the amount of rent due and damages for illegal use besides the costs of the suit. The suit was contested by the Respondent No. 1 on various grounds.

(3.) AGGRIEVED by the judgment and Order dated 17 -11 -1979 decreeing the suit the Respondent No 1 preferred a revision to the court of District Judge, Allahabad Respondent No. 2 who allowed the same -vide judgment and Order dated 24 -05 -1980.