RAM KUMAR Vs. A.K. TADAIYA

JUDGEMENT

(1.) Heard Shri Vinod Swarup for the revisionist as also counsel for the opposite party.

(2.) This is a tenants revision under Section 25 of the Small Causes Court Act directed against the judgement in SCC Suit No.5 of 1990, which was filed by the opposite party for arrears of rent and eviction of the revisionist from Shop No.28/2, Mohalla Subhashpura, District Lalitpur.

(3.) The suit was filed on the allegations that the tenant- revisionist was in arrears of rent from 14.02.1984 to 14.06.1990. A demand notice was sent on 09.01.1990, which was served upon the revisionist on 12.01.1990. It is alleged that in pursuance thereof, the post office asked the plaintiff to accept the delivery of an insured registered letter sent by revisionist. The plaintiff demanded open delivery, which was refused by the postal authorities and therefore, the envelop was not accepted by the plaintiff. Since neither the rent was paid nor the accommodation vacated, the suit was filed.