(1.) BY this petition under Article 226 of the Constitution of India, the Petitioner challenges the judgment and decree dated 16th October, 1995 passed by the 4th Additional District Judge, Etawah, thereby allowing an appeal of the landlord Respondents and ordering the eviction of the Petitioner from a house No. 92, and appurtenant land No. 91, situate in mohalla Jatpura, in the town of Etawah.
(2.) COUNTER and rejoinder affidavits have been exchanged and the writ petition has been finally heard.
(3.) THE tenant (Petitioner) contested the proceedings denying that the property was in a dilapidated condition. The allegations regarding the alleged need of the landlord applicants were also controverted. The contents of paragraph 16 of the application mentioning the service of the notices aforesaid were denied and it was said that the application is premature.