- (1.) -THE plaintiff of SCC Suit No. 3 of 1988 has filed this petition for setting aside the judgment and order dated 13th July, 1993 by which the revision was allowed and the order dated 23rd April, 1990 passed by Small Cause Courts allowing the application filed by the plaintiff under Order XV, Rule 5 of the Code of Civil Procedure, 1908 (hereinafter referred to as "c. P. C") as amended in the State of U. P. , was set aside.
(2.) I have heard learned Counsel for the petitioner. Learned Counsel for the respondents is not present even though the list has been revised.
(3.) THE records of the writ petition indicate that the aforesaid SCC Suit No. 3 of 1988 had been filed by the plaintiff for eviction of the tenant and for recovery of arrears of rent. It was inter-alia asserted that the plaintiff was the owner and landlord of premises in dispute bearing number 106/262 (2) Sa, Gandhi Nagar, Kanpur; that Dr. Dal Chandra, husband of the defendant No. 1 and father of the defendant Nos. 2 and 3 was the tenant of the premises in dispute; that after the death of Dal Chandra, the defendants became the tenants of the property in dispute; that the defendants did not pay rent to the plaintiff for the period from 1st January, 1987 to 30th September, 1987; that the plaintiff sent a notice dated 10th October, 1987 under section 106 of the Transfer of Property Act for recovery of arrears of rent and for termination of the tenancy, but despite the service of said notice, the tenants did not vacate the premises in dispute and nor did they make payment of the arrears of rent.;