BRAHAM SINGH Vs. 4 ADDITIONAL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution of India arising out of proceedings in suit No. 533 of 1975 filed in the court of Judge Small Causes, Meerut, Harvinder Singh Duggal v. Brahm Singh.

(2.) The property in dispute is house No. 165, now number, 290/291 and recently numbered as 31, Shivlok, Kankherkhera, Meerut. The petitioner is the tenant, Harvinder Singh Duggal, respondent 3 is the landlord. The suit for ejectment, arrears of rent and damages at the rate of Rs. 125/- per mensem was filed by the respondent 3 against the petitioner. The case set up in the plaint was that the petitioner was a tenant at the rate of Rs. 125/- per mensem. He defaulted in the payment of rent since 1-4-1974. He has consequently served with a notice of demand and ejectment dt. 18th Dec. 1974, which was served upon him on 26-12-1974. In spite of the service of notice of demand the petitioner did not comply with the said notice and hence the suit was filed for the reliefs sought in the plaint.

(3.) The petitioner in defence set up a case that no relationship of landlord and tenant was established between him and respondent 3.