RIYATULLAH KHAN Vs. DISTRICT JUDGE SHAHJAHANPUR

JUDGEMENT

(1.) R. H. Zaidi. J. By means of the present petition under article 226 of the Constitution of India, Petitioner Prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and order dated 28. 10. 75 Passed by respondent No. 2 and order dated 16-4-1993, Passed by the respondent No1.

(2.) THE relevant facts giving rise to the present petition, are that the respondent No. 3 filed a suit for ejectment and recovery of arrears of rent with the allegations that the petititoner was tenant in the shop in dispute since 1963 at the monthly rent of Rs. 30/ -. THE petitioner fell in arrears of rent for more than five months, therefore, a notice of demand and termination of tenancy was served upon him calling upon to pay the arrears of rent within thirty days of the receipt. It was also stated that the shop was counstructed in the year 1963, therefore, the provisions of U. P. Act No. XIII of 1972 for short the Act, had no application in the present case.

(3.) THE trial Court after considering the material on the record held that the shop in dispute was constructed in the year 1963, Section 39 of the Act had no application in the present case, allotment of the shop under the Act was not necessary, there ex isted the relationship of landlord and tenant between the parties, and notice of demand and termination of tenancy was served upon the defendant- petitioner, but he did not pay the rent within thirty days of the receipt of the notice. Having recorded the said find ings, the trial Court decreed the suit vide judgement and decree dated 28. 10. 74.