ASHOK KUMAR ABROL Vs. SAHIL MAHAJAN

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) This writ petition has been filed challenging the validity and correctness of the judgment and order dated 25.5.2004 passed by the Prescribed Authority/JSCC, Meerut in P.A. Case No. 32 of 2002, Sahil Mahajan v. Ashok Kumar Abrol and another and the judgment and order dated 15.12.2010 passed by the Additional District Judge, Court No. 3, Meerut in Misc. Appeal No. 91 of 2004, Ashok Kumar Abrol and Anr. v. Sahil Mahajan.

(3.) The dispute relates to shop No. 40-C situated at Saraswati Mandir, Suraj Kund Road, Meerut City, Meerut ( hereinafter referred to as the shop in dispute ). Petitioner No. 2 is the tenant of the shop in dispute at the rate of Rs. 35/-per month and the father of the applicant Respondent namely Sri Kuldeep Mahajan is the landlord. SCC suit No. 96 of 1990, Kuldeep Mahajan v. Ashok Kumar Abrol was filed by Sri Kuldeep Mahajan father of sole Respondent Sri Sahil Mahajan in the Court of District Judge, Meerut for ejectment on the ground that Kuldeep Mahajan is the landlord and owner of the shop in dispute and Petitioner No. 1 is the tenant @ Rs. 1500/-per month. The eviction was sought on the ground that Petitioner No. 1 is in arrears of rent since July, 1988 which he did not pay inspite of demand, hence the aforesaid SCC Suit was filed for arrears of rent and eviction after termination of tenancy of the Petitioner.