M. P Singh, J. - (1.) THE petitioner is a tenant of the shop situated in Mohalla Purdilpur, Gorakhpur.
(2.) THE landlord filed suit no. 475 of 1971 for ejectment and arrears of rent on the ground that the rent has not been paid by the defendant- petitioner since February, 1970 till the date of the filing of the suit. This case has got chequered history which need not be narrated in detail. After the remand order was passed by this court on 13-3-1980, the case went back to the learned Judge Small Causes for fresh decision. The trial court decreed the suit on 31-8-1987 holding that the defendant was in arrears of rent from February, 1970 to January, 1971.
(3.) AGAINST this order, the defendant filed a revision under section 25 of the Provincial Small Cause Courts Act before the learned District Judge, Gorakhpur. The revisional court upheld the finding recorded by the trial court on the question of default in payment of rent and dismissed the revision vide its order dated 22-12-1989. The court held that in view of the Division Bench decision of this court reported in 1979 AWC 746 Laxmi Kishore v. Har Prasad Shukla it has no jurisdiction to enter into the findings of fact recorded by the trial court.;