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1997 Supreme(All) 644

S.N.AGGARWAL
Rais Ahmad – Appellant
Versus
Special – Respondent


Advocates:
Advocate Appeared
A.S.Dubey, Sidheshwari Prasad Singh, Somesari Prasad,

JUDGMENT

(1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the judgment and decree dated 31-1-1994 passed by the Judge Small Causes Court, respondent No. 2, and the order dated 21-1-97 passed by respondent No. 1 dismissing the revision against the aforesaid order.

(2.) THE facts, in brief, are that respondent No. 3 filed Suit No. 5 of 1992 against the petitioner for recovery of arrears of rent, ejectment and damages on the allegation that the petitioner was a tenant at a monthly rent of Rs. 150/ -. He failed to pay rent since 1-1-1984. A notice dated 6-9-1991 was given to the petitioner demanding arrears of rent since 1-1-1984 and terminating his tenancy. THE petitioner filed written statement in the suit. It was alleged by him that the rate of rent was Rs. 55 per month and not Rs. 150/- per month. He denied that the rent was due since 1-1-1984. He had sent Money Order dated 10th September, 1986 to the plaintiffs. He further denied that any notice sent by the respondents on 6th September, 1991 was received by him. THE trial court recorded a finding that the notice was received by the petitioner. THE rate of rent was Rs. 150/-per month and it was due since 1st J











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