- (1.) Heard Sri Ranvir Singh, Advocate, for petitioner and perused the record.
(2.) The suit for ejectment instituted by respondent-landlords i.e. S.C.C. Suit No. 12 of 1995 was decreed by the Trial Court i.e. Small Causes Court/ Civil Judge (Senior Division), Auraiya vide judgment dated 9.5.2005 and petitioner's S.C.C. Revision No. 6 of 2005 having been dismissed by the Addl. District Judge, Auraiya by judgment dated 29.11.2012, this writ petition has come to this Court under Article 226 of the Constitution at the instance of petitioner-tenant.
(3.) Two points have been argued. Firstly that no notice was actually served upon petitioner and, therefore, ejectment suit was liable to be dismissed. On this aspect the Trial Court has recorded a finding of fact relying on appreciation of evidence, oral and documentary, which included petitioner's own oral deposition. It reads as under: xxx xxx xxx "This notice was sent through registered post. The acknowledgement receipt being paper no. 8C/2 bears signature of recipient Nizamuddin. D.W. 1 Nizamuddin has admitted on page 5 that the acknowledgement receipt being paper no. 8C/2 bears his signature. In this way, the witness has accepted the notice having been received. .........Since this witness has identified the signature made on the acknowledgement receipt and the said receipt is dated 21.07.94, therefore, no dispute persists in respect of receipt of the notice." (English translation by the Court);