RAM PRASAD SHUKLA Vs. SURAJ LAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned counsel for the respondents and perused the pleadings of the writ petition.

(2.) This writ petition has been filed under Art. 226/227 of the Constitution of India with the prayer to quash the judgement and order dated 06.09.2000 passed by the Vllth Additional District Judge, Lucknow as well as the judgement and order dated 19.12.1997 passed by the IInd Additional Judge, Small Causes Court, Lucknow.

(3.) The brief facts of the case are that Suraj Lal (plaintiff) had filed a Suit for rent and ejectment against Ram Prasad Shukla (tenant-petitioner) stating that the plaintiff was the owner of the house, in which the petitioner was a tenant in a part of it @ 38/- per month. The rent was due from 01.12.1989 to 30.04.1991 regarding which a notice dated 03.05.1991 was given to the tenant terminating the tenancy and demanding the arrears of rent. The petitioner had neither paid the rent nor evicted the house and apart from it, he had also challenged the ownership of the landlord. Therefore, the petitioner is liable to be evicted.