- (1.) ANJANI Kumar, J. This is a writ petition under Article 226 of the Constitution of India by the petitioner-tenant who is aggrieved by the order passed by the trial Court and affirmed by the revisional Court on revision under Section 25 of the Provincial Small Cause Courts Act.
(2.) THE plaintiff-landlord filed a suit against the petitioner-tenant claiming arrears of rent, damages, water tax which is claimed as under: " (a) Rent of Mesne Profits for 3 years Rs. 1440. 00 (b) Water Tax on rental value of Rs. 1440 at the rate of 14% for three years Rs. 201. 00 (c) Cost of notice Rs. 300. 00 Total Rs. 1941. 00'' The suit has been valued as per valuation of the Court at Rs. 1941. 60. The petitioner-tenant contested the aforesaid suit on various grounds amongst other that the suit is barred under Section 106 of the Transfer of Property Act as no valid notice terminating the tenancy has been served on him and further that the tenant is not liable to pay any amount.
(3.) ON the pleadings of the parties the trial Court framed the following issues: " (1) Whether the defendant is liable to pay water tax apart from rent since after 15th July, 1972 ? (2) Whether the defendant-tenant has committed default and whether the rent against him is due since 1st July, 1976 ? (3) Whether the tenant is entitled to benefit of sub-section (4) of Section 20 of U. P. Act No. 13 of 1972 ? (4) Whether service of notice dated 3rd July, 1996 is sufficient on the defendant-tenant ? (5) Report, any. '' The trial Court after considering the material on the record has answered Issues No. 1, 2, 3 and 4 against the tenant and decreed the suit. Aggrieved thereby the petitioner-tenant filed a revision under Section 25 of the Provincial Small Cause Courts Act. The revisional Court after discussing the evidence on the record and considering the arguments advanced on behalf of the petitioner-tenant affirmed the decree passed by the trial Court. Thus this writ petition.;