ANWARUDDIN Vs. IST ADDL DISTRICT JUDGE ALIGARH

JUDGEMENT

(1.) S. Rafat Alain, J. This is tenant's petition under Article 226 of the Constitu tion for quashing the judgment and order of the learned 1st Additional District Judge, Aligarh, dated 5-11-1985 allowing the revision of the landlord and decreeing the suit for ejectment.

(2.) THE short and admitted facts of the case are that the accommodation in ques tion bearing House No. 5/28, Sarai Babu, Rasalganj,gali Laxmipuri, Aligarh was let out to the father of the petitioner tenant on a rent of Rs. 20/- per month. THE respondent landlord filed a suit against the petitioner's father for his ejectment as well as for recovery of arrears of rent and damages, inter alia, on the grounds that the tenant has committed default in payment of rent for the period from May, 1972 to 22-11-1976 and in spite of notice of demand, failed to pay the same nor vacated the premises; that the tenant has, without permission in writing of the landlord, made certain construction and material alteration in the building which has diminished its value and also disfigured it, and thus he is liable to be evicted under the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972, (hereinafter referred to as Act No. 13 of 1972 ). THE tenant filed writ ten statement and contested the suit alleg ing that he has not committed any default in payment of rent, inasmuch as arrears of rent has been deposited at the first hearing of the suit and, therefore, he is entitled to get protection under sub- section (4) of Section 20 of Act No. 13 of 1972. THE allegation of material alteration without the consent of the landlord was also denied.

(3.) THE tenant defendant challenged the aforesaid judgment and order of the revisional Court in Civil Misc. Writ Peti tion No. 4290 of 1980 before this Court.