MOHAMMAD AQIL AND OTHERS Vs. SHAMIUDDIN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This petition is directed against concurrent judgments dated 20.5.2004 and 21.5.2008 by which both the courts below have decreed the eviction suit filed by the respondent landlord against the petitioner tenant.

(3.) The respondent landlord instituted a SCC Suit No. 150 of 2002 against the petitioner tenant for eviction and arrears of rent inter alia with the allegation that the disputed shop No. 142 situated in Mohalla Rangsaz, Sadar Bazar, Meerut was purchased by the respondent landlord vide registered sale deed dated 9.8.2001 wherein the petitioner was a sitting tenant at the rate of Rs. 120/- per month. It was further stated that the disputed shop came into the exclusive share of Smt. Parmila Jain wife of late Hans Kumar Jain and his other heirs in a family settlement between her and Anil Kumar son of Jagdish Prasad Jain, father of Anil Kumar Jain and Hans Kumar Jain. It was further pleaded that after the sale deed, the respondent became the landlord and entitled to receive the rent but despite demand rent was not paid and as such he served a registered notice dated 30.7.2002 claiming rent w.e.f. 19.8.2000 to 31.8.2002 which was neither paid nor the premises vacated and thus the suit for realization for a sum of Rs. 2931/- being rent for 24 months and 13 days apart from tax and other amounts.