Sibghat Ullah Khan, J. - (1.) THIS is tenant's writ petition. Landlord filed suit for ejectment against tenant being S.C.C. Suit No. 157 of 1995. Suit was decreed for ejectment and for recovery of arrears of rent on 8.10.1999 by J.S.C.C., Agra. Revision filed by the tenant -petitioner being S.C.C. Revision No. 24 of 1999 was also dismissed by IX Additional District Judge, Agra through judgment dated 6.2.2000. This writ petition is directed against the said judgments and decree. The only point argued by learned counsel for the tenant -petitioner before this Court is that in the written statement, copy of which is Annexure -2, it has been stated in para 7 that the alleged notice dated 2.3.1995 was never refused by the tenant -defendant as it was never tendered to her by the postman. Hence it was necessary for J.S.C.C. to frame issue with regard to service of notice. J.S.C.C. framed four issues none of which related with service of notice. In case petitioner desired that the question of service of notice must also be decided then it ought to have moved an application for framing of said issue. It was not done. This point was not argued even before the Revisional Court also. Even in ground of revision no such plea was raised. Ground No. 12 of the memorandum of revision filed before the District Judge, Agra was to the effect that "notice of terminating tenancy is illegal". No ground with regard to non -service of notice was even taken in the grounds of revision.
(2.) ACCORDINGLY , writ petition is dismissed. However, in view of old age of the petitioner, it is directed that she must not be evicted for a period of one year provided that within one month from today she files an undertaking before the J.S.C.C. Agra to the effect that she would willingly vacate and hands over its vacant and peaceful possession to the landlord -respondent on the expiry of aforesaid period of one year.;