MUNNA BAKSHI Vs. ZUBAIDA KHATOON

JUDGEMENT

(1.) Heard Sri Q.M. Haque, learned counsel for tenant petitioner and Sri Ghaus Beg, learned counsel for landlady respondent No.1.

(2.) This writ petition arises out of suit instituted by landlady opposite party No.1 against original tenant petitioner since deceased and survived by legal representatives in the form of S.C.C. Suit No.347 of 1995, Zubaida Khatoon Vs. Munna Baxshi. J.S.C.C., Lucknow decreed the suit for eviction and arrears of rent through judgment and decree dated 26.10.2005. Against the said decree, original tenant petitioner filed S.C.C. Revision No.74 of 2005, Munna Baxshi Vs. Smt. Zubaida Khatoon. A.D.J., Court No.17, Lucknow dismissed the revision through judgment and order dated 08.04.2010, hence this writ petition.

(3.) Property in dispute consists of three rooms, verandah, kothari, court-yard, bath-room etc. which is part of a house. According to the plaint allegations, defendant petitioner was tenant of the accommodation in dispute at the rate of Rs.40/- per month and rent since September, 1982 till October 1995 had not been paid amounting to Rs.6320/-. It was also stated that plaintiff gave a notice to the defendant on 30.10.1995 through registered post terminating the tenancy and demanding the rent however the said notice could not be served, hence on 16.11.1995 it was affixed on the building in dispute and a copy was also sent under postal certificate (U.P.C.).