AMAR ZIA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This is plaintiff's revision under Section 25 of Provincial Small Cause Courts Act against the judgment and decree dated 12-9- 1997 passed by Judge Small Cause Court (Special Judge), Muzaffarnagar in SCC Suit No. 62 of 1989.

(2.) THE facts giving rise to the present revision, in brief, are as follows :-

(3.) THE parties led evidence in support of their respective cases. The trial Court found that the present applicants are heirs and legal representatives of the deceased-Ghyasuddin and as such competent to continue the suit. The legal heirs have consented the Will after the death of Ghyasuddin. It has also been found that the provision of U.P. Act No. 13 of 1972 are not applicable as the building in question is a new construction and the suit was filed within ten years from the date of construction. However, it dismissed the suit on the findings that the defendant-tenant is entitled to protect its possession under Section 53-A of Transfer of Property Act as the lease deed was unregistered. Consequently the suit was premature as it was filed before expiry of the leased period. On the question of waiver of notice the Court below accepted the defence case and held that the notice terminating the tenancy stood waived. Feeling aggrieved with the aforesaid judgment and decree present revision has been preferred.