Ravi S. Dhavan, J. - (1.) This is a petition at the behest of the tenant consequent upon two non-concurrent judgments and arising out of the jurisdiction of the Judge, Small Cause Court. Learned IInd Additional District Judge, Muzaffarnagar City, in revision by the judgment dated 29.1.1987 has decreed the suit of the landlord.
(2.) Issues which were considered before the learned District Judge aforesaid in revision were arrears of rent and defects in the notice.
(3.) On facts, the courts below came to the conclusion that the rent which the landlord was entitled to receive was Rs. 80/- per month and not Rs. 45/-. This issue was debated seriously upon evidence being submitted by both the parties. It was contended on behalf of the landlord that the rent and the tenancy had been settled between the wives of the plaintiff-landlord and the defendant-tenant. For reasons that both of them were Muslims by religion and their respective wives were purdanashin and no contradictory evidence was forthcoming at the behest of either of them, the District Judge thought it appropriate to accept that the rent was Rs. 80/- per month and not Rs. 45/- per month. Learned District Judge noticed, that indeed if the defendant-tenant desired to contradict the fact regarding the amount of rent which was at issue, then he could have produced his wife to deny the settlement of tenancy that the rent was not Rs. 80/- per month. This, the rent did not do and this Court in its present jurisdiction cannot interfere with this finding of fact.;