JUDGEMENT
E. P. Singh, J. -
(1.) :-
(2.) THIS is a defendant's writ petition arising out of a suit for arrears of rent and ejectment regarding house no. 89, Beni Ganj, Allahabad.
The plaintiff had alleged that the defendant was a tenant of the premises in question at the rate of rent of Rs. 80/- per month and that the defendant defaulted in making payment of rent, hence his tenancy was terminated through notice dated 13-7-1981 and thereafter the suit for ejectment and arrears of rent against the defendant was filed.
The defence in the case was that the defendant was tenant of the plaintiff's wife and that the rate of rent was only Rs. 17/- per month and that the defendant was not in arrears of rent as he had deposited the rent under Section 30 of the U. P. Act No. 13 of 1972 and that the notice served upon the defendant was bad in law and ineffective and various other pleas were taken to negative the plaintiff's claim.
(3.) THE trial court through its judgment dated 6-12-1982 decreed the plaintiff's suit for ejectment against the defendant and accepted the rate of rent set up by the defendant. Aggrieved by the judgment of the trial court the defendant petitioner had preferred a revision petition which has been dismissed by the revisional court through its judgment dated 10-3-1983. Against the judgment of the revisional court the defendant petitioner has approached this Court under Article 226 of the Constitution.
The learned counsel for the petitioner contends before me that there does not exist any relationship of landlord and tenant between the plaintiff and the defendant hence the suit was wrongly decreed by the trial court and the revisional court has failed to examine the points raised on behalf of the petitioner.;
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