SHANTI SWARUP GUPTA Vs. FIRST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) A. K. Yog, J. Petitioner filed S. C. C. Suit No. 19 of 1997 (Shanti Swamp Gupta v. Kailash Chandra Gupta) for recovery of arrears of rent and damages, house tax, water tax and electricity charges etc. and ejectment froth the accommodation which was in the tenancy of the defen dant/tenant (respondent No. 2) at the rate of Rs. 55 per month. Notice dated 3-2-1997 (Annexure1 to the writ petition) was served determining tenancy of the defen dant-respondent No. 2 and requiring him to pay dues. The said notice was replied by the tenant/respondent No. 2. A true copy of the said reply dated 14-2-1997 has been filed as Annexure 2 to the writ petition. A perusal of the said reply shows that tenant denied his liability to pay dues under any head and alleged that U. P. Act No. 13 of 1972 is applicable. In the said reply the defendant/tenant alleged that the notice was vague.

(2.) WRITTEN statement was filed by respondent No. 2 (Kailash Chandra Gupta ). The said reply shows that receipt of the notice was not denied. Only plead ing, on the point, is to the effect that notice was vague on the ground mentioned therein.

(3.) AGAINST the judgment and order dated October 30,1979 passed by Judge, Small Cause Courts Civil Revision No. 83 of 1979 was filed which was allowed by the Revisional Authority, exercising its juris diction under Section 25, Provnicial Small Cause Courts Act. The revisional Court observed that no issue was framed but failed to appreciate correct position. The revisional Court has observed that "the fact about the notices were contested". Said observation is on the face of record perverse.