VIDHYADHAR TRIVEDI Vs. DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) BY means of this petition under Article 226 of the Constitution of India the petitioner has prayed for issue of writ of certiorari for quashing the order dated 7-2-80 (Annexure No. 'B') and order dated 28-2-1979 (Annexure No. 'A') passed by respondent nos. 1 and 2 respectively and for decreeing the petitioner's suit for recovery of arrears of rent etc. but for the decree of ejectment of respondent no. 3.

(2.) BRIEFLY stated the facts are that the petitioner filed a suit for the eviction of respondent no. 3 and for recovery of arrears of rent in the Court of Judge Small Causes, Allahabad which was numbered as S.C.C. Suit No. 119 of 1976. The trial Court issued summons on 12-7-1976 fixing 22-9-76 in the case. Such summons were served on respondent no. 3 on 21-8-76. On 22-9-76 an application was filed by respondent no. 3 seeking one months' time to file written-statement which was allowed on payment of Rs. 10/- as costs and 20-11-1976 was then fixed for disposal of the case. On 20-11-76 the respondent no. 3 deposited the entire amount contemplated by section 20 (4) and prayed for relieving him of his liability for eviction. Such a request as made by respondent no. 3 was opposed by the petitioner but was allowed by the trial court and the objections of the petitioner were rejected. The suit was decreed for the amount claimed but the relief of ejectment was not granted to the petitioner vide judgment and order dated 28-2-1979.

(3.) LEARNED counsel for the parties have been heard.