- (1.) A. K. Yog, J. Learned counsel for the parties state that all the parties are served. No interim application is pending. Case is ripe and ready for hearing. None of the parties has objection to the hearing of the case.
(2.) MAN Mohan Tandon and Deepak Tandon (Respondent Nos. 3 and 4) are the owners and landlords of premises bearing Municipal No. 1 (New No. 15), Hastings Road, Nyaya Marg (now renamed Justice C. S. P Singh Marg, Allahabad,-wherein one Nitai Lal Barua was tenant at a month ly rent of Rs. 35 per month, besides tax. It is not necessary to dilate upon the facts of this petition, as this petition can be decided on a short ground. There has been several innings between the par ties. It has come on record that the landlords filed J. S. C. C. Suit No. 419 of 1975 before Judge, Small Causes Court, Allahabad. True copy of the plaint has been annexed as Annexure 4 to the peti tion. Nitai Lal Barua, admittedly, died after filing of the suit, but before filing of the written statement his legal repre sentatives were brought on record. Parties led evidence. Main thrust of the defendant-tenant was that registered notice under Section 106, Transfer of Properly Act (for short called TPA) with the endorsement of refusal (lone se inkar kiya) was not sufficient and the presump tion of service was not available to the plaintiff as the plaintiff failed to summon Postman to prove the sendee on the basis of this endorsement of refusal.
(3.) THE Judge, Small Causes Court decreed the suit by means of the judgment and order dated 6th December, 1977 and allowed the reliefs claimed in the plaint (Annexure 6.) Feeling aggrieved, tenant-peti tioner filed Revision No. 22 of 1978 before the Court of District Judge under Section 25, Provincial Small Cause Courts Act, which was allowed and the matter was remanded back to the trial court vide judg ment and order dated 28th March, 1978.;