RAFI UDDIN Vs. IV ADDITIONAL DISTRICT JUDGE BASTI
LAWS(ALL)-1980-9-52
HIGH COURT OF ALLAHABAD
Decided on September 08,1980

Rafi Uddin Appellant
VERSUS
IV ADDITIONAL DISTRICT JUDGE AND ANR Respondents

JUDGEMENT

- (1.) This is a tenant's petition arising out of a suit filed by the Plaintiff-Respondent No. 2 for ejectment of the Petitioner from a shop.
(2.) The trial court dismissed the suit on the finding that the notice given by the Plaintiff-Respondent did not legally determine the Petitioner's tenancy. The Plaintiff-Respondent thereupon filed a revision under Section 25 of the Provincial Small Cause Courts Act, which has been allowed by the order dated 19-7-1979 against which this petition is directed. The learned District Judge has upheld the validity of the notice.
(3.) Two points were urged in support of this petition. These are- 1. The notice dated 29-5-1971 did not legally determine the tenancy of the Petitioner. 2. The payment and deposits made by the Petitioner were sufficient to comply with the requirements of Section 39 of U.P. Act No. XIII of 1972, and that the courts below, therefore, erred in law in decreeing the suit for ejectment.;


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