RAJ PURWAR Vs. ROMA CHAUDHARY

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition is directed against the order dated i2-2-1997 passed by the Judge Small Cause Court Jhansi, respondent No. 2, striking off the defence of the petitioner, and the order dated 9-4-1997 passed by the respondent No. 3 dismissing the revision of the petitioner against the aforesaid order.

(2.) THE facts of the case, in brief, are that respondent No. 1 is owner of premises No. 103 inside Sainyar Gate Jhansi. Shri B. N. Purwar, husband of the petitioner, was tenant of the disputed premises. Respon dent No. 1 filed Suit No. 22 of 1989 in the Court Judge Small Causes, Jhansi against B. N. Purwar, husband of the petitioner, for recovery of arrears of rent, ejectment and damages on the allegations that he was tenant of the disputed premises on monthly rent of Rs. 420/ -. He failed to pay rent since 1- 10-1987. A notice dated 21-4-1989 was sent to him demanding arrears of rent and terminating the tenancy. THE notice was received by him on 25-4-1989 but inspite of its service, he did not comply with it. During the pendency of the suit, B. N. Purwar died. After his death, the landlord filed substitu tion application impleading his widow Smt. Raj Purwar-petitioner and his two sons namely Pranay Purwar and Ritesh Purwar.

(3.) RESPONDENT No. 2 recorded finding that version of the petitioner that Shri B. N. Purwar, her husband had vacated the ac commodation in January, 1986, was totally false, and the relationship of landlord and tenant between the parties continued to exist. The defence of the petitioner was struck off by order dated 12-2-1997. Ag grieved thereby, the petitioner filed revision and respondent No. 3 has dismissed the revision by order dated 9- 4-1997.