MAQBOOL AHMAD Vs. ISLAMULLAH

JUDGEMENT

(1.) Heard Shri Lakshmi Kant Trigunait for the petitioner and Shri Pankaj Misra for the sole respondent.

(2.) This is a tenant's petition arising out of an SCC suit for arrears of rent and eviction, filed by the respondent. The suit has been decreed by the trial court and the consequential revision under Section 25 of the Provincial Small Causes Courts Act has been dismissed. Hence this petition, challenging the aforesaid two orders.

(3.) The facts of the case briefly stated are that the plaintiff purchased the property in question, namely, 11-C/42, Yakoot Ganj, Allahabad, by means of a registered sale-deed dated 10.5.2004. This property included the shop, which is subject matter of the instant writ petition. The petitioner is running a saloon in the shop in question having dimensions of 6ft - 15ft. Despite the notice dated 16.4.2007, sent to the petitioner, neither the arrears were paid nor the shop in question was vacated and, therefore, the suit.