RAFIQ AHMAD Vs. ABDUL AZIZ

JUDGEMENT

(1.) Abdul Aziz, the first respondent in this petition under Art.226 of the Constitution, owns a shop in Bazar Kalluganj, Qasba Najiababad in district Bijnor. Petitioner Rafiq Ahmad is his tenant on a monthly rent of Rs. 100/-.

(2.) Abdul Aziz got a notice under S.106 T.P. Act, sent to Rafiq Ahmad purporting to terminate his tenancy combining with it a demand for some amount which, he claimed, was due as arrears of rent and water tax. This notice was followed by Suit No. 156 of 1978 in the Court of Small Causes for recovery of the amount in arrears and for a decree for ejectment of Rafiq Ahmad from the shop.

(3.) The suit was filed on May 9, 1978. It was fixed for July 20, 1979 but that date was adjourned to 17-8-1979. The Court was closed on 17-8-1979 as it was declared to be a holiday, being the last Friday of Ramzan. The suit was, however, taken up on 18-8-1979, that is, the next working day and decreed ex parte against Rafiq Ahmad.