HIRA LAL Vs. RAM DAS

JUDGEMENT

(1.) THIS petition has been filed challenging the validity and correctness of the judgments and decree dated 14-9-1999 and 12-5-2005 passed by Judge Small Causes Court. Etah and Additional District Judge. Etah respectively in S. C. C. Suit No. 37 of 1986 and S. C. C Revision No. 19 of 1993 respectively.

(2.) BRIEFLY slated, the facts of the case are that the plaintiff- respondent filed Suit No. 37 of 1986 against Late Mauji Ram, father of the petitioners for ejectment on the ground of non- payment of rent w. e. f. 11- 11-1976 to 10-5-1986. Notices were issued by the Court fixing 21-8-1986 which were served on the tenant, which was incidentally a holiday, as such, the case was taken up on 22-8-1986.

(3.) THE Judge, Small Causes Court decided S. C. C. Suit No. 37 of 1986 in favour of the landlord treating the 'date of first hearing' in the case as 22-8-1986 and not 29-8-1986.