- (1.) RAKESH Tiwari, J. Heard learned Counsel for the petitioner and perused the record.
(2.) THIS writ petition has been directed against the orders dated 10-10-2006 passed by the District Judge, Mau in Civil Revision No. 34 of 2006 and dated 13-3-2006 passed by Judge, Small Causes Court/civil Judge (J. D.) Mau in Misc. Case No. 207 of 1999. The case of the petitioner is that Smt. Kishan Dei Devi, mother of the respondent let out a shop situated in New Krishna Market Sindi Colony Mohalla Nyaz Mohammad Pura, Mau Nath Bhanjan, District Mau on 1-6-1983 to the petitioner on a monthly rent of Rs. 110/- and that she had taken Rs. 2,500/- as advance towards rent. The rent was thereafter enhanced to Rs. 125/- w. e. f. 1-8-1983 and the petitioner was served with a notice dated 3-1-1996 by the landlord with regard to payment of house tax and water tax etc.
(3.) IT appears that as water tax and house tax was not paid by the petitioner-tenant, the landlord by another notice dated 11-12- 1998 terminated the tenancy of the petitioner and also instituted suit No. 1 of 1996. The plaint was subsequently amended by the landlord. Thereafter, statement of plaintiff- landlord was recorded on 16-1-1999. The aforesaid suit was decreed ex parte by the trial Court vide judgment dated 19-2-1999 and in pursuance thereof, execution case No. 13 of 1999 was filed against the petitioner. It is submitted by the Counsel for the petitioner that the petitioner came to know about the execution proceedings only on 28-8-1999 and thereafter he got inspected S. C. C. Suit No. 1 of 1996 through his Counsel on 1-9-1999. Thereupon he moved application dated 21-9-1999 for setting aside the ex parte decree dated 19-2-1999 alongwith an application under Section 5 of the Limitation Act for condonation of delay. The application aforesaid was registered as Case No. 207 of 1999.;