(1.) Heard learned Counsel for the parties and perused the record.
(2.) The Petitioner-Defendant is tenant of a shop situated over property No. 242, Jalesar Road, Firozabad. He claims tenancy at the rate of Rs. 100/- per month. By legal notice dated 9.6.1992 the Respondent-Plaintiff terminated the tenancy of the Petitioner-Defendant.
(3.) The Respondent-Plaintiff filed JSCC Suit No. 17 of 1998, Arun Kumar Saxena and Ors. v. Ved Prakash Sharma for arrears of rent and eviction against the Petitioner-Defendant in the court below. Upon receipt of notice, the suit was contested by the Petitioner-Defendant claiming that he was tenant of the aforesaid premises at the rate of Rs. 100/- per month and has not been defaulter in payment of rent w.e.f. 1.1.1991 and that he continuously paid the rent at the rate of Rs. 100/- per month till the year 1994. Thereafter, the Petitioner paid the rent through tender since January, 1995 to 2010. Apart from rent, the Petitioner has also claimed to have paid the electricity bill etc.