Attau Rahman Masoodi, J. - (1.) Heard Sri Manish Kumar, learned counsel for the revisionist and Sri S.K. Mehrotra as well as Sri Vimal Mishra, learned counsel who have put in appearance on behalf of opposite parties no.2 and 3.
(2.) This civil revision filed under Section 25 of the Provincial Small Causes Courts Act, 1887 has questioned the correctness of judgment and decree rendered by Additional District Judge, Court No.1, Faizabad in S.C.C Suit No.09 of 2011 whereby suit for eviction and arrears of rent coupled with damages filed by the revisionist was dismissed, specifically deciding issue no.4. against the revisionist and in favour of the respondents/tenants.
(3.) Briefly stated, background of the case proceeds in the light of a lease agreement dated 19.11.2007 which created tenancy rights for a period of five years extendable on the mutual consent of the parties. The rent in the lease agreement was stipulated as Rs.6000/- per month. As per the stand taken by the revisionist-landlord, the respondents/tenants committed default in making payment of rent as well as house tax as a result whereof notice was sent to the respondents on 27.06.2011 through speed post on correct residential address as mentioned in the alleged agreement which was duly stamped and posted and thus service of notice though refused to be accepted by the addressee as per postal endorsement though being sufficient was not complied with, as a result, suit of above description was filed.;