HAR NARAIN SAHU Vs. DISTRICT JUDGE, JHANSI AND OTHERS
LAWS(ALL)-2000-7-212
HIGH COURT OF ALLAHABAD
Decided on July 05,2000

Har Narain Sahu Appellant
VERSUS
District Judge, Jhansi And Others Respondents

JUDGEMENT

R.H.Zaidi, J. - (1.) Heard learned Counsel for the petitioner and perused the record.
(2.) By means of this petition filed under ] 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 13.2.1986 and order dated 19.12.1987 passed by the Courts below.
(3.) The relevant facts of the case giving rise to the petition are that it was on 1.4.1985 a notice of demand and termination of the tenancy of the contesting respondents was sent which was served upon them on 8.4.1985. On the receipt of the notice, respondents gave their reply on 22.4.1985 denying that they were in arrears of rent for four months or more. The rent of building in question was deposited under Section 30. Therefore, notice of demand was illegal and on the basis of the same the contesting respondents cannot be held to be defaulters. The trial Court on the basis of the evidence on record dismissed the suit by its judgment and order dated 13.2.1986. Challenging the validity of the said decree, a revision was filed before the Court below which was also dismissed by the judgment and order dated 19.12.1987, hence the present petition.;


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