BHAGWAT Vs. ADDL DISTRICT JUDGE BULANDSHAHR

JUDGEMENT

(1.) -THE petitioner who is the defendant of SCC Suit No. 48 of 1981 has sought the quashing of the decree for eviction and recovery of arrears of rent. The petitioner is also aggrieved by the dismissal of the revision that had been filed under section 25 of the Provincial Small Causes Courts Act, 1887 for setting aside the said decree.

(2.) THE records of the writ petition indicate that the aforesaid SCC Suit No. 48 of 1981 had been filed with the allegations that Abdul Hameed Khan was the owner of the suit premises; that he died 20 years back and the plaintiffs who were the heirs and legal representatives succeeded as owners and landlord of the property in dispute; that the property in dispute had been let out by Abdul Hameed Khan to Manglu, father of the defendant, on a monthly rent of 8 annas w. e. f. 10th December, 1949 and a registered rent deed dated 10th December, 1949 was duly executed between the parties; that after the death of Manglu, defendant Bhagwat became the tenant of the premises in dispute; that the defendant had not paid any rent from 1974 in spite of repeated demands; that by the notice dated 25th June, 1981 which was served upon the defendant on 29th June, 1981, the plaintiffs had terminated the tenancy and demanded arrears of rent; that in reply to the said notice the defendant asserted that the plaintiff was neither the landlord nor the owner of the premises in dispute; that consequently the plaintiffs sent a notice dated 18th August, 1981 determining the tenancy because of denial of title by the defendant and that this notice was duly served upon the defendant on 18th August, 1981. The suit was, accordingly, filed for eviction and recovery of arrears of rent.

(3.) THE suit was decreed by the judgment and order dated 30th May, 1983 but the revision filed by the tenant under section 25 of the Provincial Small Causes Courts Act, was allowed and the matter was remanded to the Trial Court for framing a point regarding determination of lease by forfeiture as alleged in the plaint and then decide the suit in accordance with law.