SHAHZADE Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Suit No.397 of 1981 (Hazi Mohd. Noor Versus Sarjaz and others) was instituted in the court of Judge Small causes Court, Bareilly, on the ground that tenancy of the Defendant-petitioner was determined by serving notice under Section 106 of Transfer of Property Act and that he had sub let the accommodation in his tenancy, he was defaulter and failed to pay arrears of rent in spite of demand notice being served The Defendant contested the suit by filing written statement (Annexure 2 to the writ petition) on the question of sub letting. It was pleaded that Defendant nos. 2,3 and 4 were his close relatives (Brother-in-law and Maternal uncle) who have been visiting in conclusion with him because of relationship. Parties led evidence. The Judge, Small Causes Court after perusing the evidence in detail recording a finding that Defendant-Petitioner had sublet the accommodation notice was legally severed and Defendant had committed default in payment of rent and hence Suit for ejectment and recovery of arrears of rent was liable to be decreed. Accordingly, Trial Court decreed the suit vide judgment and order dated February 15,1991.

(2.) Feeling aggrieved, Defendant-Petitioner filed Revision No.7 of 1991 under Section 25 of Provincial Small Causes Act. The revision was also dismissed by the Court below (Respondent no.1) vide judgment and order dated 28th May 1999. The Defendant- Petitioner, feeling aggrieved, has filed the present petition praying for issuance of a writ of certiorari to quash the judgement and order dated 15th February, 1991 (Annexure 3) passed by Judge, Small Causes Court and Judgement and order dated 28th May, 1999 (Annexure 5) passed by Respondent no.1.

(3.) Heard learned counsel for the petitioner.