DEVENDRA PRATAP SINGH, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS petition is directed against orders dated 22.2.1985 and 20.11.1997 in proceedings under Small Causes Courts Act. The petitioner landlord instituted Suit No. 571 of 1978 before the Judge Small Causes for recovery of arrears of rent and ejectment of the respondent tenant. It was filed inter alia with the allegation that the disputed shop was Joint Hindu Family property which was being managed by the father of the petitioner as 'Karta' who let it out to the respondent tenant on a monthly rent of Rs. 70/- per month. However, a partition of all the properties of the Joint Hindu Family took place through a partition decree on 1.1.1976 and the disputed shop fell into the exclusive share of the landlord who vide notice dated 10.11.1977 determined the tenancy and raised a demand of arrears of rent w.e.f 1.1.1976. The tenant failed to pay the arrears or to quit after the notice period forcing him to file the suit.
(3.) AFTER exchange of pleadings the suit was partly decreed for arrears of rent with a finding of default but ejectment was denied on the ground that the notice was invalid on the ground that the arrears were not quantified and the period within which it was to be paid was also not disclosed. Aggrieved, the petitioner landlord filed SCC Revision No. 31 of 1985 claiming eviction while the respondent tenant preferred SCC Revision No. 25 of 1985 against decree of arrears of rent. The revisional court allowed the revision of the tenant and dismissed the revision filed by the petitioner landlord vide order dated 20.11.1987 and thus, this petition by the landlord.;