NASEEM BEGUMS Vs. IXTH ADDITIONAL DISTRICT JUDGE BAREILLY

JUDGEMENT

(1.) Smt. Naseem Begum and others have approached this Court under Article 226 of the Constitution of India and seek to challenge the Judgment and order dated 19.8.1999 passed by the IX Additional District Judge. Bareilly/ respondent No. 1 whereby the revisional court allowed the plaintiff's appeal under Section 25. Provincial Small Causes Court Act and set aside the judgment and order dated 14.9.1993 as a consequence of which the Judge Small Causes Court had dismissed the suit for eviction of the defendant-tenant (present petitioner).

(2.) The question raised is whether the notice determining tenancy by giving thirty days time but giving 15 days to deposit arrear and rent is valid or not.

(3.) In view of the decisions in Chhotey Lal v. Gajadhar Prasad, 1954 AWC 166, rendered by a Division Bench consisting of Malik, C.J. and D. N. Roy. J., a notice cannot be said to be bad in law.