Sudhir Narain, J. - (1.) This writ petition is directed against the judgment and decree dated 7.4.1976 passed by Judge Small Causes Court. Allahabad respondent No, 2 decreeing the suit of the plaintiff-respondents for recovery of arrears of rent, ejectment and damages and the judgment of the appellate authority-respondent No. 1 dated 21.12.1981 dismissing the revision against the aforesaid order.
(2.) The facts, in brief, are that the plaintiff-respondents filed Suit No. 186 of 1971 on the allegations that they are the landlords of the disputed accommodation. The petitioner was a tenant of the disputed portion. They had-applied for permission to institute the suit against the petitioner for eviction before the District Magistrate under Section 3 of U. P. (Temporary) Control of Rent and Eviction Act. 1947. The Rent Control and Eviction Officer had granted permission on 2.1.1969. This permission was finally affirmed by the State Government on 5.2.1971. The landlords terminated the tenancy by notice dated 5.3.1970 which was served on the petitioner on 7.5.1970. It was further alleged that the defendant failed to pay arrears of rent as demanded in the notice and he had also committed default in payment of arrears of rent. The case was contested by the petitioner. He alleged that the notice was invalid. He never committed any default. The landlords refused to accept the rent and the petitioner deposited the amount in Court under Section 7C of U. P. Act No. III of 1947.
(3.) The Judge Small Causes Court recorded a finding that the petitioner did not commit any default. It was further held that the suit for ejectment was liable to be decreed in view of the permission granted by the State Government. The petitioner filed a revision against the said order which was dismissed by respondent No. 1 vide impugned order dated 21.12.1981.;