Vikram Nath, J. - (1.) THIS petition is directed against the judgment dated 9.7.1985 passed by the Special Judge (E.C. Act) and Additional District Judge, Jhansi in J.S.C.C. Revision No. 196 of 1982 Bhagwati Prasad v. Rashid whereby the revision was allowed and after setting aside the judgment of the Trial Court dated 2.8.1982 dismissing the suit, the revisional Court proceeded to decree the suit of the landlord revisionist. The respondent Nos. 3 and 4 were the owner and landlords of the house in dispute in which the petitioner was tenant. According to the landlords the rate of rent was Rs. 5.40 P. per month and as there was default in payment of rent, respondent Nos. 3 and 4 filed a suit for ejectment of the petitioner on the ground of default. The suit was registered as J.S.CC. case No. 378 of 1977. The petitioner filed written statement and alleged that the rate of rent was Rs. 2.50 P per month and not 5.40 P. p.m. and as the petitioner had deposited rent at the rate of 2.50 P. per month there was no default. The Trial Court after hearing Counsel for the parties came to the conclusion that the rate of rent was Rs. 2.50 P. per month and the tenant having made the deposits, there was no default. On the said findings the Trial Court dismissed the suit.
(2.) AGGRIEVED by the same, respondent Nos. 3 and 4 filed revision under section 25 of the Provincial Small Cause Courts Act, 1887 which was registered as Small Cause Revision No. 196 of 1982. The Additional District Judge, Jhansi vide judgment dated 9.7.1985 allowed the revision and decreed the suit of the revisionist landlords with the finding that the rate of rent was not Rs. 2.50 P. per month but Rs. 5,40 P. per month and as such he was not defaulter. Aggrieved by the same the present writ petition has been filed by the tenant.
(3.) I have heard Shri G.K. Khanna, learned Counsel for the petitioner.;