HAFIZULLAH ANSARI Vs. HAFIZ-UR-REHMAN

JUDGEMENT

(1.) Heard Sri Iqbal Ahmad, learned counsel for the defendant- tenant/petitioner and Sri Krishna Mohan Tripathi, learned counsel for the landlord-respondent.

(2.) This petition has been filed under Article 227 of the Constitution of India praying to set aside the judgment and decree dtd. 12/8/2016 in SCC Suit No.12 of 2003 (Hafiz-ur-Rehman Vs. Hafizullah Ansari), passed by Judge Small Cause Court/Civil Judge (S.D.), Gorakhpur decreeing the suit and judgment dtd. 27/3/2019 in SCC Revision No.24 of 2016 (Hafizullah Ansari Vs. Hafiz-ur-Rehman), passed by Additional District Judge, Court No.1, Gorakhpur dismissing the revision of the defendant-tenant/petitioner.

(3.) Briefly stated the facts of the present case are that the disputed House No.353, Mohalla Ismailpur, Gorakhpur was purchased by the landlord-respondent from its original owner by a registered sale deed dtd. 4/2/2002. In the said house, the defendant-tenant/petitioner was a tenant since 14/12/1998. The landlord-respondent issued a notice dtd. 9/10/2002 to the defendant-tenant/petitioner and also demanded arrears of rent @ Rs.1,500.00 per month. The defendant-tenant/petitioner sent a reply dtd. 9/12/2002 in which he mentioned that the rent is Rs.700.00 per month including house tax and water tax. Since rent was not being paid by the defendant-tenant/petitioner, therefore, the landlord-respondent terminated the tenancy by notice dtd. 24/10/2002 sent by registered post which was served. On the ground of default in payment of rent as well as personal need, the landlord-respondent filed SCC Suit No. 12 of 2003 before the Judge Small Cause Court/Civil judge (S.D.), Gorakhpur which has been decreed by the impugned judgment dtd. 12/8/2016 passed by the Judge Small Cause Court/Civil judge (S.D.), Gorakhpur. Aggrieved with this judgment, the defendant-tenant/petitioner filed SCC Revision No. 24 of 2016 which has been dismissed by the impugned judgment dtd. 27/3/2019 passed by the Additional District Judge, Court No. 1, Gorakhpur. Aggrieved with these two judgments, the defendant- tenant/petitioner has filed the present petition under Article 227 of the Constitution of India.