Vikram Nath, J. - (1.) THIS writ petition filed by the tenant is directed against the judgment and order dated 29.3.1991 passed by the IInd Additional District Judge, Muzaffarnagar in S.C.C. Revision No. 33 of 1990, whereby the revision of the landlord was allowed and the suit for arrears of rent and ejectment was decreed against the petitioner.
(2.) THE dispute relates to a shop situated in Mohalla 624, Kookra Road, near Head Post Office, Nai Mandi, Muzaffarnagar. The petitioner was tenant in the said shop and respondent Nos. 3 and 4 were the owner/landlords of the said shop. As the petitioner defaulted in making the payment of rent, the respondent Nos. 3 and 4 instituted J.S.C.C. Suit No. 40 of 1983 for recovery of arrears of rent and ejectment against the petitioner. Objection was filed by the petitioner slating that no notice was served upon him and as such the suit was liable to be dismissed. Evidence was led by the parties. The postman was also examined by the landlord to establish that the petitioner -tenant on being tendered notice by postman, refused to accept the same and therefore the notice was served by refusal. On the said refusal, the notice was deemed to be validly served.
(3.) THE petitioner led evidence to the effect that the postman has made a false statement, inasmuch, as one of the dates mentioned on which he had not met the petitioner for service of the registered notice, in fact the postman had met the petitioner and had tendered the cash amount of the money order, which the petitioner had sent to the respondent Nos. 3 and 4 and which had been returned by them.;