Vivek Kumar Birla, J. - (1.) Heard Sri B.N. Rai, learned counsel appearing for the petitioners and Sri P.K. Jain, learned Senior Counsel assisted by Ms. Shreya Gupta, learned counsel appearing for the landlord-respondent.
(2.) Present petition has been filed for quashing the judgment and order dated 26.11.2015 passed by Judge Small Causes Court / Additional District Judge (Junior Division) Court No. 3, Muzaffar Nagar in SCC Suit No. 39 of 1994 (Jagdish Prasad vs. Sahansar Pal) and order dated 9.8.2017 passed by the Additional District Judge, Court No. 2, Muzaffar Nagar in SCC Revision No. 31 of 2015 (Smt. Munesh and others vs. Smt. Deepa Rani and another).
(3.) Sole question has been raised about the validity of the notice given by the landlord to the tenant for vacating the shop in question. Although dispute regarding applicability of the Act was raised before the Court below, however, no such issue has been raised before this Court and as such it is clear that the provisions of the U.P. Act 13 of 1972 (hereinafter referred to as the Act) are not applicable in the present case. The ground was taken before the court below that the notice dated 16.2.1994 was not a valid notice and issue in this regard was framed by the trial court. It is not in dispute that the notice was received by the tenant and was duly replied by him.;