S.N.SRIVASTAVA, J. - (1.) BY way of this writ petition the petitioner prayed for quashing the judgment and decree dated 199 -1986 passed by Judge, Small Causes Court, Amroha decreeing the suit for ejectment and for arrears of rent, and Revisional Court's judgment and decree dated 25 -4 -1987 dismissing the Revision.
(2.) THE facts borne out from the record are that one Sayed Nishar, the landlord filed an application for seeking permission to file a suit for ejectment against tenant in respect of the house in question i.e. 64/74 Mohd. Jafri, Amroha, District Moradabad. This application under Section 3 of the U.P. Temp. Control of Rent and Eviction Act, 1947, was allowed by the Rent Control and Eviction Officer, Moradabad by the order dated 3 -61970. The Rent Control and Eviction Officer granted permission to file a suit after recording clear cut finding in the said order that landlord, who is 74 years of age and after his retirement is residing in a Imambarah i.e. a charitable Institution having no other accommodation, his need is bona fide and genuine. The Rent Control and Eviction Officer granted three months' time to petitioners to shift to their own house or they may find out suitable accommodation for their residence as back as on 3 -6 -1970. The order passed by Rent Control and Eviction Officer was confirmed by Commissioner in Revision No. 217 of 1970 filed by petitioner vide order dated 25 -2 -1971 and also by the State of U.P. by order, dated 20 -7 -1971.
(3.) A Civil Suit No. 208 of 1971 was filed in Court of Munsif, Amroha for ejectment and for arrears for rent. The suit was decreed by the judgment and decree dated 30 -11 -1972 by Munsif, Amroha. Civil Appeal No. 535 of 1972 preferred by tenant in the Court of District Judge, Moradabad was transferred to Additional Civil Judge, Moradabad for disposal. The petitioner raised an objection that Judge, Small Causes Court, has jurisdiction to decide the suit. This contention of tenant was accepted by judgment and decree dated 24 -8 -1973. The appeal was allowed and judgment and decree of trial Court was set aside. The case was remanded back to transfer the case to the Court of Judge, Small Causes Court having jurisdiction.;