- (1.) O. P. Garg, J. Heard Sri A. S. Srivas tava, learned Counsel for the petitioners as well as Sri Rajesh Tandon appearing on behalf of respondent No. 3.
(2.) THE petitioners, who are tenants, were the defendants in the SCC Suit No. 453 of 1995 for their ejectment and recovery of arrears of rent, mesne profits on the ground of their having committed default in payment of rent. THE suit was decreed on 18-1-1999. THE petitioners preferred a Civil Revision Application No. 2 of 1999 under Section 25 of the Provin cial Small Cause Courts Act. It was dis missed on 31-1-2001. It is in these cir cumstances that the petitioner-tenants have come before this Court. Sri A. S. Srivastava assailed the findings recorded by the two Courts below and look the plea that no notice as con templated under Section 20 (1) (a) of the U. P. Urban Buildings (Regulation of Let ting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972) (hereinafter referred to as the Act) was served on the petitioners before the institution of the suit and that the finding in respect of default in payment of rent by the petitioners is based on non-appraisal of the evidence available on record and, therefore, the same is bad in law. It was urged that the petitioners have deposited much more amount than actual ly payable and demanded. Sri Rajesh Tan don repelled all these submissions. After perusing the record, I find that the concurrent findings recorded by the two Courts below do not suffer from any illegality or infirmity. Both the Courts below have recorded every cogent and well discussed reasons to arrive at the con clusion that the petitioners have com mitted default in payment of rent and, therefore, are liable for eviction. A com posite notice of demand and to quit was served upon the petitioners before the in stitution of the suit. No other notice under Section 20 of the Act was required.
(3.) IT is not a fit case in which inter ference under Article 226 of the Constitu tion of India is warranted. The writ peti tion is dismissed. After dismissal of the petition, Sri A. S. Srivastava appearing on behalf of the petitioner-tenants, prayed that some time may be allowed to the petitioners to shift to another alternative accommodation.;