- (1.) THIS petition has been filed for setting aside the order dated 31. 8. 2006 passed by the learned Judge, Small Cause Courts by which the suit filed by the landlord for recovery of arrears of rent and ejectment from the premises in dispute was decreed. The petitioner has also sought the quashing of the judgment and order dated 11. 1. 2008 passed by the learned Additional District Judge, Allahabad by which the Revision filed by the tenant for setting aside the aforesaid order under section 25 of the Provincial Small Causes Courts Act, 1887 has been dismissed. I have heard the learned Counsel for the petitioner-tenant and Sri T. P. Singh, assisted by Sri Siddhartha Singh, learned Senior Counsel appearing for the landlord-respondents Nos. 3 to 5.
(2.) THE suit had been filed with the allegation that a notice dated 17. 7. 2004 had been sent to. the petitioner demanding arrears of rent from 1. 1. 1999 till 30. 6. 2004 and by the said notice, the tenancy was also terminated on the expiry of 30 days from the date of service of notice. This notice was duly served upon the defendant on 24. 7. 2004 but despite service of notice and expiry of the aforesaid period, the defendant did not pay the arrears of rent and nor did he vacate the premises. A written statement was filed on behalf of the tenant. It was stated that the tenancy was @ Rs. 15/- per month and not Rs. 40/-per month as alleged in the plaint. It was further stated that rent upto September, 2005 has been paid and there was no arrears of rent.
(3.) THE Trial Court decreed the suit holding that the defendant was in arrears of rent from 1. 11. 1999 to 30. 6. 2004 and nor did he deposit the amount on the first date of hearing. The Revisional Court has confirmed this finding. These are findings of fact recorded by both the Courts below on appraisal of evidence and the learned Counsel for the petitioner also did not dispute that the rent from 1. 11. 1999 to 30. 6. 2004 was not deposited. In such circumstances, there is no infirmity in the orders passed by the Courts below.;