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17. The learned Judge, Small Cause Court, Amroha, Moradabad in the said judgment and order dated 5-8-1998, however, did not accept the plea of the petitioner (defendant) regarding the invalidity of the said notice nor did the learned Judge, Small Cause Court, Amroha, Moradabad accept the plea of the petitioner (defendant) that the respondent (plaintiff-landlord) was estopped by its own conduct. Copy of the said judgment and order dated 5-8-1998 passed by the learned Judge, Small Cause Court, Amroha, Moradabad has been filed as Annexure 7 to the Writ Petition.

Reliance in this regard is placed by the learned Counsel for the respondent (plaintiff-landlord) on the following decisions:

1. U.P. State Road Transport Corporation, Moradabad v. II Additional District Judge, Moradabad and Ors. 1981 ARC 474 : 1981 ALJ 608.

2. Shrikant Gupta v. XIII Additional District Judge, Moradabad and Ors. 1995 (1) ARC 212.

3. Pramod Kumar v. III Additional District Judge, Meerut and Ors. 1996 (2) ARC 352 : (1996 AIHC 823).

4. Anish Ahmad v. Special/Additional District Judge, Saharanpur and Ors. 1997 (2) ARC 32 : 1998 (16) LCD 1284 : (1997 All LJ 1691).

32. The said finding of the learned Judge, Small Cause Court, Amroha, Moradabad does not appear to have been questioned in S.C.C. Revision No. 53 of 1998 as is evident from a perusal of the judgment and order dated 26-10-2002 passed by the learned Additional District Judge, Court No. 9, Moradabad in the said S.C.C. Revision No. 53 of 1998, nor has the said finding been questioned in the present Writ Petition before this Court.

33. The learned Judge, Small Cause Court, Amroha, Moradabad in the said judgment and order dated 5-8-1998, however, held that the petitioner (defendant) was entitled to the benefit of Section 114 of the Transfer of Property Act.

34. Reference in this regard may be made to the findings recorded by the learned Judge, Small Cause Court, Amroha Moradabad on Issue Nos. 1, 2 and 4 in the said judgment and order dated 5-8-1998.

35. The learned Additional District Judge, Court No. 9, Moradabad in the said judgment and order dated 26th October, 2002 passed in the said S.C.C. Revision No. 53 of 1998 did not agree with the said findings recorded by the learned Judge, Small Cause Court, Amroha, Moradabad in the said judgment and order dated 5-8-1998. The learned Additional District Judge, Court No. 9, Moradabad in the said judgment and order dated 26th October 2002 held that the petitioner (defendant) was not entitled to the benefit of Section 114 of the Transfer of Property Act.