KAILASH CHAND Vs. IIND ADDITIONAL DISTT JUDGE MEERUT

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the judg ment and decree dated 8-2-1992 passed by the Judge Small Causes Court, Meerut, respondent No. 2 and order dated 5-4-1997 passed by respondent No. 1 dismissing the revision against aforesaid judgment.

(2.) THE facts of the case, in brief, are that respondent No. 3 filed suit No. 538 of 1984 for recovery of arrears of rent, ejectment and damage for use and occupation of the disputed premises against the petitioner on the allegations that a notice was sent to the petitioner demanding arrears of rent from 20- 12-1981 to 26-9-1984 at the rate of Rs. 55/- per month, on 22-8-1984. THE notice on him was served on 27-8-1984. But inspite of service of said notice he did not comply with the same. He committed default in payment of arrears of rent and was liable for eject ment.

(3.) SHRI P. K. Jain, learned counsel for the petitioner, has urged that the petitioner had not committed default in payment of arrears of rent as after receipt of notice he had deposited the amount under Section 30 (2) of the Act.