JUDGMENT

1. The Municipal Board. Kotdwara, district Pauri Garhwal, through its Executive Officer filed this writ petition challenging the judgment and decree passed by the learned Munsif, Landsdown, Pauri Garhwal, decreeing the suit under Section 6/38 of the Specific Relief Act for restoration of possession over the disputed house from which respondent no. 3 was forcibly evicted by the Municipal Board. The petitioner also challenged the judgment of the revisional court of the District Judge, Pauri Garhwal affirming the judgment and decree of the Munsif.

2. The facts of the case are not disputed. Admittedly, respondent no. 3 occupied quarter no. 1/1, Devi Road, Kotdwara as a tenant of Municipal Board at monthly rent of Rs. 20. A notice dated 16/23786 terminating tenancy of respondent no. 3 was issued by the petitioner. The notice was replied by respondent no. 3 on 4986. The petitioner is said to have locked the premises in dispute on 191986. A notice dated 17th September, 1986 was sent by registered post to the respondent no. 3 by petitioner for evicting him by 25th September, 1986. The petitioner, Municipal Board, in absence of the respondent no. 3, broke open the lock and illegally