S.H.A.RAZA, J. - (1.) THE petitioner has assailed the order, dated January 16, 1987, passed by Additional Judge, Small Causes, Lucknow, opposite party No. 3 and the order dated April 18, 1988, passed by Ist Additional District Judge, Lucknow, opposite party No. 4, as contained in Annexures 5 and 6 respectively by means of which the suit filed by the opposite parties 1 and 2, for eviction and arrears of rent was decreed against the petitioner.
(2.) THE petitioner has challenged the aforesaid orders mainly on the ground that the composite notice of demand and termination of tenancy which was served upon him was not at all valid for the reason of the fact that no notice of demand as contemplated under Section 20(2)(a) of U.P. Act No. XIII of 1972 was ever served upon the petitioner before the institution of the suit. The petitioner's submission in nutshell is that a perusal of the notice itself indicates that no demand was made at all and as such the suit was not maintainable. Before going into the merits of the argument advanced by the parties it is necessary to look into the contents of the composite notice of demand as well as termination of the tenancy which admittedly was served upon the petitioner of writ petition No. 3009 of 1988 which is reproduced hereinunder :- From : Vijay Kumar Khare, Advocate 28/117, Arya Nagar, Lucknow. Lucknow Dated 8.5.1984 To, Jagdish Prasad R/o, Jhopri, situated at Plot No. 423/5-D, Opp. Shanker Bhawan, Pandariba, Lucknow. Dear Sir, I have been instructed by my client Smt. Krishna Keswani, widow of late Sri Sanwal Das Keswani and Raj Kumar Keswani, s/o late Sri Asudamal Keswani, resident of C.B.I. Building, Pandariba, Lucknow to serve you the following notice :- 1. That my clients are the owners of Plot No. 423/5-D, Pandariba, Lucknow through a registered sale-deed dated 18th April, 1983. 2. That you are the tenant of a jhopri situated at Plot No. 423/5-D, Pandariba, Lucknow at the rent of Rs. 4.50 per month. 3. That my clients after purchasing the said plot gave you many reminders for payment of the rent of the said jhopri. 4. That you are habitual defaulter, any of my clients does not want to let your continuy with your tenancy and hence this notice to quit as contemplated by Section 106, T.P. Act is being delivered to you determining and terminating you tenance on the expiry of 30 days from the date of service of his notice whereafter you will cease to be the tenant of my clients and you are requested to vacate the premises and hand over the peaceful possession to my clients on the expiry of above stipulated period. 5. That in the event of your failure to comply with the terms of this notice my clients shall bring appropriate legal action in the competent Court of law for your ejectment and recovery of arrears of rent and in that case you will be saddled with all costs and consequences. Thanking you, Yours faithfully (V.K. Khare) Advocate."
(3.) SIMILAR notices have been sent to the petitioners of other writ petitions.;