Neutral Citation No. - 2025:AHC:807 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 16229 of 2024 Petitioner :- Shiv Ji Agrahari Respondent :- Smt. Urmila Shrivastava And Another Counsel for Petitioner :- Ram Naresh Nigam,Suresh Singh Counsel for Respondent :- Ashwani Kumar Pathak Hon'ble Ajit Kumar,J.

1. Heard Sri Ram Naresh Nigam, learned counsel for the petitioner and Sri Ashwani Kumar Pathak, learned counsel for the respondents.

2. By means of this petition filed under Article 227 of the Constitution, petitioner has questioned the decision of the Judge, Small Causes dated 12.04.2022 taken in S.C.C. Suit No. 04 of 2015 decreeing the suit for eviction and recovery for arrears of rent from the petitioner. The said order was unsuccessfully challenged in Revision before the court below and hence the judgment and order passed in Revision has also been challenged.

3. Two fold arguments have come to be advanced on behalf of the petitioner for assailing the judgment and decree passed by the trial court affirmed in revision:

i. There was no sufficient service of notice allegedly issued under Section 106 of Transfer of Property Act, 1872 and hence finding as to valid presumption qua ser