DOOLAH JAN Vs. THIRD ADDL DISTT JUDGE MORADABAD

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the judg ment dated 24-1-1991 passed by respondent No. 1.

(2.) THE facts, in brief, are that the petitioner is owner and landlord of the shop in question situate at Maqbara Road, Guiyan Bagh, Moradabad. Respondent No. 2 was its tenant. THE petitioner filed S. C. C. Suit No. 98 of 1983 against respondent No. 2 on the allegation that rent of the shop in question was Rs. 60/- per month. It was a new construction and was assessed for the first time in 1978 and the provisions of U. P. Act No. XIII of 1972 were not applicable. THE tenant failed to pay arrears of rent since 1-9-1980. Anoticedated21-3-1983 was sent to respondent No. 2 demanding arrears of rent and terminating his tenancy but the same was not complied with.

(3.) I have heard Sri Ravi Kiran Jain, Senior Advocate, for the petitioner and Sri R. P. Goyal, Senior Advocate, for respon dent No. 2.