S.D.Agarwala, J. - (1.) This is a petition under Article 226 of the Constitution of India challenging the orders dated 30th November, 1973 passed by the 1st Additional Munsif, Aligarh and the order of the 1st Additional District Judge, Aligarh dated 2nd April, 1976 passed in revision.
(2.) The petitioner is the landlord. The suit was filed by him against respondents Nos. 3 and 4 for arrears of rent, damages and for ejectment. The case of the petitioner was that Ram Chandra Saxena was the tenant in the house detailed at the foot of the plaint at the rate of Rs. 10/- per mensem. Ram Chandra Saxena sublet the house to Raghubir Prasad. It was further alleged that rent was due from 6th April, 1966 to 5th September, 1971. A notice of demand was sent on 2nd September, 1971 which was served on 3rd September, 1971 but the tenant did not pay the arrears of rent in spite of the receipt of the notice of demand. Thereafter a notice determining the tenancy was issued to the respondents on 6th October, 1971 which was also served and since the respondents did not vacate the premises hence the suit. The suit was contested by respondent No. 3 on the ground that he had not sublet the house to respondent No. 4. It was further alleged that he has not committed default in payment of rent and that the notice for ejectment is illegal and invalid. Respondent No. 4 did not put in appearance and the suit proceeded ex pane against him.
(3.) The trial court dismissed the suit for ejectment on 30th November, 1973 and decreed the suit only for Rs. 368/-. The trial court recorded a finding that respondent No. 3 was not a defaulter. It further recorded a finding that the tenancy of the respondents Nos. 3 and 4 had not been legally determined. The judgment of the trial court dated 30th November, 1973 was challenged in revision by the petitioner. The revisional court only adverted to the question as to whether respondent No. 3 can be held to be a defaulter or not. It agreed with the view of the trial court that respondent No. 3. could not be held to be a defaulter in the eye of law and as such the revision was dismissed on 2nd April 1976.;