Prakash Krishna, J. - (1.) CHALLENGING the judgment and decree dated 24th September, 2005 passed by the Additional District Judge, Court No. 11, Moradabad in SCC Suit No. 3 of 2002 whereby the suit filed by the plaintiff -applicant for ejectment of the defendants has been dismissed, the present revision under Section 25 of the Small Causes Court Act has been preferred.
(2.) THE defendants -opposite parties herein are the tenants of the property in dispute on monthly rent of Rs. 2437/ -. The suit giving rise to the present revision was filed on the allegations that tenancy of the defendants -tenants has been determined by means of notice dated 5th January, 2002 which has been served on the defendants but they have not given any reply. The suit was contested on the pleas that the plaintiff does not want to evict the defendants and want to enhance the rent. Earlier it had filed Case No. 10 of 1998, which was dismissed.
(3.) ON the basis of the pleadings, as many as five issues were framed by the trial court. Trial court under Issue no. 1 has found that the tenants are not defaulters in payment of rent. Under Issue no. 2, it has been found that the provisions of U.P. Act No. 13 of 972 are not applicable. Issue no. 3 as to whether the suit is maintainable or not was decided in favour of the plaintiff and against the defendants. Issue no. 4 regarding jurisdiction was not pressed by the defendants. The suit for ejectment was dismissed on the ground that the defendants -tenants are not in arrears of rent.;