BADRI PRASAD Vs. VII ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of the proceedings in a Suit No. 308 of 1978 filed by Jawahar Lai against the petitioner Badri Prasad for arrears of rent and ejectment in the Court of the Judge, Small Causes, Allahabad.

(2.) THE property in dispute is premises no. 88, Shahganj, Allahabad. Jawahar Lai, respondent no. 3, is the landlord. THE petitioner is a tenant at the rate of Rs. 12/- per month. THE above mentioned suit was filed for recovery of a sum of Rs. 342/- on account of rent for the period from 25th November, 1975, to 24th April, 1978. THE suit was filed on the basis that the petitioner was a defaulter in the eye of law.

(3.) AFTER remand, the Judge, Small Causes Court, by its order dated 24th April, 1981, held that the petitioner was not entitled to the benefit of Section 20 (4) of the Act. In this order, no decree for ejectment was passed against the petitioner and hence an application was made by the respondent no. 3 under section 151 read with section 152, CPC for correction of the order dated 24th April, 1981. The Judge, Small Causes Court, by his order dated 30th April, 1981, corrected the order dated 24th April, 1981, and further passed a decree for ejectment against the petitioner. This order dated 30th April, 1981, was challenged again by the petitioner in revision under section 25 of the Provincial Small Causes Courts Act. The revision was numbered as Revision No. 340 of 1981. The revision was dismissed by the revisional court by an order dated 12th February, 1982. The petitioner has now challenged the orders dated 24th April, 1981, 30th April, 1981, and 12th February, 1982, by means of the present petition.