ZAMIRUDDIN Vs. MANSOOR RAHMAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Krishna Mohan Garg learned counsel for the plaintiff-respondent.

(2.) The present petition has been filed challenging the judgment and decree dated 24.02014 passed by Judge, Small Cause Court, Bijnor in Small Cause Suit No. 16 of 2011 and the judgment and order dated 06.04.2017 passed by the Additional District Judge Court No. 2, Bijnor in Small Cause Revision No. 4 of 2014.

(3.) The plaintiff-respondent filed Small Cause Suit No. 16 of 2011 against the tenant petitioner for arrears of rent and eviction. The suit was contested on various grounds. The defendant-tenant claimed that he was not a defaulter because he had paid rent to one Hafiz Margoob who had been accepting rent on behalf of the plaintiff. An issue was framed as to whether Hafiz Margoob was receiving rent on behalf of and under authorization of the plaintiff-respondent. The said issue was decided against the defendant by holding that he was not authorised by the plaintiff to accept rent. Accordingly, it was found that the defendant had been a defaulter. The Court further found that a valid notice terminating the tenancy of the defendant had been served and since the defendant had been a defaulter in payment of rent for a period exceeding four months, eviction decree was passed apart from the other reliefs. The decree passed by the Trial Court has been affirmed by the revisional court.