- (1.) S. U. Khan, J. At the time of hearing no one appeared on behalf of the legal representatives of respondent No. 2 in spite of sufficient service. Accordingly only the arguments of the learned Counsel for the petitioner were heard.
(2.) THIS is tenant's writ petition. Original landlady respondent No. 2, Shrimati Shakila, since deceased and survived by legal representatives, instituted suit for eviction and recovery of arrears of rent against the original tenant-petitioner since deceased and survived by legal representatives, which was registered as Suit No. 110 of 1971. The suit was dismissed with costs by J. S. C. C. Agra on 17-5-1979. Against the said judgment and decree Civil Revision No. 183 of 1979 was filed by the original landlady. III A. D. J. Agra allowed the revision through judgment and order dated 13-1-1986. The learned A. D. J. Set aside the judgment and decree passed by the trial Court and decreed the suit for eviction and recovery of arrears of rent. THIS writ petition is directed against the said revisional Court's judgment. Admittedly U. P. Act No. 13 of 1972 was applicable to the building in dispute, when the suit was filed. The trial Court held that the tenant had paid rent till 12-5- 1971. Trial Court further held that it was not necessary to decide as to whether the notice of termination of tenancy and demand of rent sent by the plaintiff to the defendant on 6-1-1971 was actually refused by the tenant on 8-1-1971 as reported by the postman or not. The trial Court held that as after the notice plaintiff received the rent, hence the notice stood waived.
(3.) SUIT had been filed on 11-4-1971 and rent was accepted on 12- 5-1971 and 18-5-1971. In the notice as well as in the plaint it was stated that the default was with effect from 20-10-1969. Admitted rate of rent was Rs. 40/- per month.;