- (1.) HEARD Sri Kunal Ravi Singh, Advocate, for petitioner and Sri S.K. Srivastava, learned counsel for respondents.
(2.) THERE are two points in this case. Firstly whether a valid notice was served upon petitioner as held by Trial Court, but reversed by Revisional Court, and, secondly, whether on the first date of hearing petitioner -tenant deposited entire amount which has also been upheld by Trial Court but reserved by Revisional Court.
(3.) BRIEF facts are as under. S.C.C. Suit No. 48 of 1986 was instituted by Sri Ram Gulam, Son of Ganga Ram seeking eviction of petitioner -tenant Jagdish Singh Verma from the accommodation in question which is a shop in Mohalla Hathi Khana, Kotwali Raod, Fatehgarh on the ground of default in payment of rent. It was alleged that monthly rent of shop was Rs. 200/ - per month, which fell due from February' 1986, and despite notice having not been paid, petitioner -tenant is liable for eviction. Trial Court formulated three issues as under: 1 XXX XXX XXX 2 XXX XXX XXX 3 XXX XXX XXX English Translation by the Court: "1 - Whether the defendant has defaulted in paying the rent to the plaintiff? 2 - Whether tenancy has been terminated through the notices dated 12.09.1986 and 22.09.1986? 3 - Whether the defendant is entitled to benefit from U/s 20(4) U.P. Act 13 of 1972 -;