(1.) Heard Sri Mohd. Arif Khan, learned Senior Counsel assisted by Sri Mohd. Aslam Khan, learned counsel for the petitioner, learned Standing Counsel for respondent No.1 and Sri Umesh Kumar Srivastava, learned counsel for respondent No.2.
(2.) The present writ petition has been filed by the petitioner, who is a tenant of shop No.17 in a commercial complex in "Nanak Market". Previous to the construction of the aforesaid complex, one Khursheed Ahmad - father of the petitioner was tenant of the old shop, from which he was carrying on the business of selling milk in the name and style of "Doodh Bhandar".
(3.) The respondent No.2 filed SCC Suit No.2 of 1998 against the petitioner with the allegation that he had constructed the aforesaid commercial complex and the petitioner is in possession as a tenant of shop No.17 on 2nd floor on a monthly rent of Rs.500/- excluding water tax, house tax and electricity charges.