- (1.) This writ petition is directed against the judgement and order dated 8.10.2004 passed by the Special Judge (E.C.) Act/Judge Small Causes Banda in SCC Revision No. 87 of 2001 confirming the judgement and decree dated 12.9.2001 passed by the Civil Judge (SD), Banda in Case No. 09 of 1990 whereby the suit of the plaintiff respondent was decreed. The plaintiff respondent is the landlord of the premises in dispute. A suit, being JSCC suit No. 23 of 1985, for arrears of rent and ejectment was filed by the plaintiff landlord against the father of the petitioner wherein a compromise was entered into between the plaintiff-respondent and the petitioner's father (hereinafter referred to as "tenant") on 18.12.1987 wherein the father of the petitioner admitted the relationship of landlord and tenant and it was agreed upon that the petitioner shall pay the arrears of rent at the rate of Rs. 10/- per month to the plaintiff-respondent and the plaintiff-respondent will forego the relief of ejectment and consequently a decree to that effect was passed by the Court below on 18.12.1987 and the suit of the landlord respondent for arrears of rent and ejectment stood decided in terms of the said compromise deed. Thereafter when the compromise decree dated 18.12.1987 was not complied with and further no rent was paid for the period subsequent to the period of the passing of the decree to the plaintiff-respondent, SCC Suit No. 9 of 1990 on 13.9.1990 after the service of notice under section 106 of Transfer of Property Act was filed against the tenant Chotey Khan (father of the petitioner) inter-alia for arrears of rent and ejectment alleging that the compromise decree was disobeyed by Chotey Khan and no rent whatsoever was paid by him.
(2.) The Trial Court, after considering the materials available on the record and hearing the respective parties, decreed the suit vide judgement and decree dated 12.9.2001 for arrears of rent and ejectment.
(3.) Feeling aggrieved by above order, the petitioners filed a revision, being SCC revision No. 87 of 2001 before the District Judge which was dismissed by judgment and order dated 8.10.2004. Hence, the present writ petition.;