ABDUL RAHMAN Vs. JAGDISH PRASAD DHURIYA AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner; Sri D.P. Singh learned senior counsel assisted by Sri Surendra Singh for the contesting respondents and perused the record.

(2.) The present petition under Article 227 of the Constitution of India has been filed challenging the judgment and decree dated 30th November, 2016, passed by Civil Judge (Jr. Div.), Banda in JSCC Suit No.1 of 2004 and the judgment and order dated 20th February, 2017, passed by District Judge, Banda in SCC Revision no.5 of 2016, by which the judgment and decree passed by the trial Court has been affirmed.

(3.) The plaintiff-respondent had instituted SCC Suit No.1 of 2004 for arrears of rent and eviction against the petitioner alleging that the petitioner had been defaulter in payment of rent since July, 1983; that a notice terminating tenancy dated 4th November, 2003 was served on him on 7th November, 2003; and that despite service of the aforesaid notice, neither the arrears were paid nor the premises was vacated.