SHANTI DEVI Vs. VITH ADDL DISTRICT JUDGE AGRA

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS is landlord's writ petition arising out of S. C. C Suit No. 329 of 1979 filed by original landlady petitioner since deceased and survived by legal representatives against Bengali Mai-tenant respondent No. 2 before J. S. C. C, Agra. Property in dispute is a shop situate in Shanti Market Belanganj, Agra, rent of which is Rs. 40/- per month. Suit was filed after termination of tenancy through notice, which was served upon the defendant on 10. 2. 1979. Receipt of notice was admitted by the defendant. It was further pleaded by landlord that ten years' period since construction of the shop in dispute had not expired till the filing of the suit, hence U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was not applicable by virtue of its section 2 (2), J. S. C. C. , Agra decreed the suit through order dated 16. 7. 1986 holding that the Act was not applicable and tenancy has been terminated through notice. (In order to prove the notice, carbon copy of the notice (which was typed) was filed and husband of the landlady proved that it was true copy of the original sent to the tenant ). Against the said judgment and decree, tenant filed Civil Revision No. 19 of 1986, which was dismissed on 8. 1. 1988.

(3.) BEFORE the Revisional Court, tenant filed review petition, which was registered as Misc. Case No. 07 of 1988. Even though the Presiding Officer, who decided the revision, was available at Agra still review petition was sent to another Presiding Officer, i. e. . Presiding Officer of the Court of VIth A. D. J.