LAWS(ALL)-1996-5-5

ABDUL SATTAR KHAN Vs. DISTRICT JUDGE SHAHJAHANPUR

Decided On May 09, 1996
ABDUL SATTAR KHAN Appellant
V/S
DISTRICT JUDGE, SHAHJAHANPUR Respondents

JUDGEMENT

(1.) THE petitioner seeks writ of certiorari for quashing the judgment dated 1.8.1992, passed by Judge, Small Causes Court, decreeing the suit of the plaintiff-respondent for recovery of arrears of rent, ejectment and damages and the order dated 17.5.1993, passed by respondent No. 1, dismissing the revision against the aforesaid judgment.

(2.) THE facts in brief are that the petitioner is tenant of shop No. 145. Tareem Bahadurganj, district Shahjahanpur. This shop was originally owned by Sri Vasalat Ali Khan and let out to the petitioners on monthly rent of Rs. 25. Vasalat Ali Khan executed a sale deed in respect of the shop in question on 1.8.1981 in favour of respondent No. 3.

(3.) THE trial court decreed the suit for recovery of arrears of rent, damages and ejectment on 11.8.1992 on the finding that the petitioner had failed to pay the rent to the plaintiff inspite of the service on notice upon him and further he had denied the title of the plaintiff. THE petitioner filed revision against the said order and the revision has been dismissed by respondent No. 1 by order dated 17.5.1993. THEse orders have been challenged in the present writ petition.