JAIDEV MISRA Vs. DISTRICT JUDGE, FAIZABAD AND OTHERS

JUDGEMENT

(1.) By means of instant petition, petitioner prays issuance of a writ, order or direction in the nature of certiorari quashing judgment and order dated 16.7.80 passed by District Judge, Faizabad allowing revision filed by the respondent Nos. 2 and 3, under Sec. 25 of the Provincial Small Cause Courts Act.

(2.) It appears that respondent Nos. 2 and 3, filed suit for ejectment recovery of rent, on the ground of default. Rate of the rent was Rs. 18 per month. In spite of the notice of demand dated 16.10.71, arrears of rent, was not paid within statutory period of thirty days, by the defendant-petitioner. Suit was contes the petitioner. It was stated that rent upto March, 1971, was paid to the owner and land-lady Smt. Gulab Dei. However, on receipt of notice, amount of Rs. 216 was remitted to the plaintiff-respondent Nos. 2 and 3, under protest, but the amount was not received by them. Rate of rent was claimed to be Rs. 15 per month and not Rs. 18.

(3.) Parties produced evidence is support of their claims. Trial Court framed two issues mainly what was rate of rent and as to whether defendant committed default in payment of rent. Trial Court returned the findings in favour of the defendant-petitioner. It was held that rate of rent was Rs. 15 per month and that no default was committed by the petitioner in payment of rent. Having recorded said findings the suit was dismissed. Aggrieved by the judgment and decree passed by the trial Court, revision was filed by plaintiff-revisionist. Revisional Court reversed the findings recorded by the trial Court on both the issues and decreed the suit. Petitioner-defendant, thereafter, filed the present writ petition challenging the validity of the judgment and decree passed by the revisional Court.