LALLA MISTRI @ KHADIM ABBAS Vs. ASHOK KUMAR AGRAWAL

JUDGEMENT

(1.) Heard learned counsels for parties and perused the record.

(2.) This Revision under Sec. 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the Act, 1887 ) has arisen from judgment and decree dated 11.09.2009 passed by Sri Arun Kumar Gupta, Additional District Judge/Special Judge (E.C.Act) Etawah decreeing SCC Case No. 1 of 2005 and directing defendant-revisionist to vacate disputed premises which is a shop and also pay arrears of rent, damages and mesne profits to plaintiff-respondent.

(3.) Sri M.A. Qadeer, learned Senior Counsel, assisted by Mohd. Hisham Qadeer, Advocate, appearing for revisionist, assailed impugned judgment only on one ground that no notice terminating tenancy was ever served upon revisionist and finding recorded by Court below on Issue-2 by holding that service of notice dated 20.11.2004 is deemed sufficient on account of refusal by revisionist is perverse, illegal and cannot be sustained.