RAJ BAHADUR SINGH Vs. DISTRICT JUDGE FATEHPUR

JUDGEMENT

(1.) This is tenant's writ petition for quashing the Judgments and orders dated 21.8.87, Annexure-3, dated 16,2.89, Annexure-4, and dated 11.10.90. Annexure-5.

(2.) The respondent No. 3 filed suit for ejectment and arrears of rent against the petitioner in the Court of respondent No. 2. The same was dismissed on the ground of non-service of notice of demand and termination and also on the ground that the defend ant-petitioner was entitled to get the benefit of the provision of Section 20 (4) of the U. P. Act No. 13 of 1972, (hereinafter referred as the Act). Aggrieved by the said judgment, respondent No. 3 preferred revision before the District Judge and the same was allowed by the Judgment dated 21.8.87 wherein it was held that the defendant-petitioner was not entitled to the benefit of Section 20 (4) of the Act as the amount deposited by him fell short by Rs. 15.40. However, the case was remanded to the trial court to decide according to law the question of service and validity of notice and default. After the remand, the trial court by the Judgment dated 16.2,89 decreed the suit. The revision preferred by the petitioner has also been dismissed by the lower revlslonal court by the Impugned Judgment dated 11.10.90.

(3.) Learned counsel for the parties have been heard.