KASHFUL HUDA Vs. ADDITIONAL DISTRICT JUDGE COURT NO 2
LAWS(ALL)-2002-10-5
HIGH COURT OF ALLAHABAD
Decided on October 28,2002

KASHFUL HUDA Appellant
VERSUS
ADDITIONAL DISTRICT JUDGE (COURT NO. 2) Respondents

JUDGEMENT

S.P.Mehrotra, J. - (1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, seeking quashing of the Judgment and order dated 8.8.2002 (Annexure-7 to the writ petition) passed by the learned Additional District Judge (Court No. 2) Kanpur Nagar (respondent No. 1) and the judgment and order dated 6.9.2000 (Annexure-6 to the writ petition) passed by the learned IInd Additional Judge, Small Causes Court, Kanpur Nagar (respondent No, 2).
(2.) The dispute relates to an accommodation on the ground floor in House No. 94/118 (old) and 94/118A (new), Pech Bagh, Kanpur Nagar. The said accommodation has, hereinafter, been referred to as 'the disputed accommodation'.
(3.) From the allegations made in the writ petition, it appears that the respondent No. 3 filed a suit against the petitioner, inter alia, alleging that the petitioner was the tenant of the plaintiff/respondent No. 3 in respect of the disputed accommodation ; and that the petitioner defaulted in the payment of arrears of rent and taxes since 1.12.1983 ; and that the petitioner also wilfully damaged the tenanted portion, altered it, diminished its value, and also disfigured it and sub-let it to Mohd. Zaheer ; and that a notice dated 3.1.1988, was given by the respondent No. 3 through Sri Chhotey Lal, advocate to the petitioner by registered post ; and that the petitioner committed breach of Section 20 (2) (a), (b) and (c) of the U. P. Act No. XIII of 1972 (in short 'the Act') ; and that having committed default in payment of arrears of rent from 1.12.1983 to 31.12.1987 for 49 months, at the rate of Rs. 200 per month amounting to Rs. 16,087.50 by 14.2.1988, the petitioner became defaulter.;


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