(1.) The order dated 27.9.2011 having been recalled vide order of date passed on Recall Application, the writ petition is restored to its original number. Heard Sri Gopal Chandra Saxena, learned counsel for petitioner, and perused the record.
(2.) Petitioner is a tenant, who has lost in both the Courts below. Respondent-landlord instituted S.C.C. Suit No. 59 of 1979 seeking eviction of petitioner from accommodation in question on the ground of default in payment of rent. Petitioner contested the suit stating he is not tenant but owner of property in dispute. Landlord filed several rent receipts showing that rent was paid by petitioner to respondent-landlord and those receipts were admitted by petitioner, as is evident from para 14 of the judgment of Trial Court, which reads as under:
(3.) In view thereof, Trial Court while deciding Issue No. 1, recorded a finding in favour of respondent landlord that there is relationship of tenant and landlord between plaintiff and defendant. Since default in payment of rent was admitted, therefore, the suit was decreed and Revisional Court also concurred with the findings of fact recorded by Trial Court and dismissed petitioner's S.C.C. Revision No. 6 of 1999 vide judgment dated 14.11.2003.
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