- (1.) JUDGMENT By means of this petition, moved un­der Article 226/227 of the Constitution of India, the petitioner has challenged the order dated 17.05.1989, passed by 111 Additional District Judge, Dehradun, on review application No. 02 of 1982.
(2.) HEARD learned counsel for the parties. Brief facts of the case giving rise to this petition are that original plaintiff Smt. Prabha Kumari (since deceased) was the owner of the property No. 262. Mohalla Khurbura, Dehradun. She insti­tuted suit for ejectment of the defendant Arvind Mohan Badoni from the property, and also prayed for recovery of arrears of rent and mesne profits at the rate of Rs. 60/- per month. It was pleaded by her that provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short U.P. Act No. 13 of 1972) are applicable to the building in question. It was further pleaded by her that the defendant, who was a tenant in the property in suit committed default in payment of rent for a period of more than four months, on which a notice dated 17.09.1981 was served on him, which he refused to accept. On this Small Cause Suit No. 02 of 1982 was filed before the trial court (Judge, Small Cause Court/Munsif, Dehradun). The suit was con­tested by the tenant (present petitioner), who filed his written statement in which it is pleaded by him that though the plain­tiff is the owner of the property in suit, but the defendant is not her tenant. It is spe­cifically pleaded by him that he has not committed any default in payment of rent. He has further pleaded that he did not receive any notice from the plaintiff. In the additional pleas it has been stated by him that infact he (defendant) got possession of the land in suit from Parsi Devi origi­nal owner of the land from whom the plaintiff had purchased the land vide sale deed dated 11.07.1980. It is further stated by him that after setting up a tin shed over it he (defendant) is running a school as a licensee.
(3.) THE trial court after recording the evidence and hearing the parties vide judg­ment and decree dated 18.07.1986, dis­missed the S.C.C. Suit No. 02 of 1982, holding that the relationship of landlord and tenant is not established on the record, nor service of notice is proved on the defendant.;