(1.) Heard Sri Raj Kumar, learned counsel for the defendant- tenant/petitioner. This petition under Article 227 of the Constitution of India has been filed praying for the following relief:-
(2.) Briefly stated facts of the present case are that the disputed shop No.50 (New No.127), Mohalla Ganjimal, Dasna Gate, Ghaziabad was originally owned by one Smt. Chandra Kanti, who sold it to Smt. Chando Devi by Registered Sale Deed dated 20 th April, 1965. Thus, Smt. Chando Devi became the owner and landlord of the disputed shop. She filed SCC Suit No.337 of 1973 (Smt. Chando Devi Vs. Shri Bhagwan) for eviction of the defendant-tenant/petitioner herein, claiming rent to be paid Rs.75/- per month. However, the court found rent to be Rs.20/- per month. However, the aforesaid suit (SCC No.337 of 1973) was dismissed by judgment dated 30.09.1977 passed by Judge Small Cause Court/ Civil Judge, Ghaziabad. According to the plaintiff-respondent, the defendant-tenant/petitioner stopped paying rent since April, 1984. The aforesaid Smt. Chando Devi (owner and landlord of the disputed shop) had two sons. However, by a Registered Will Deed dated 17the April, 1998, she bequeathed the disputed shop to her grandson Ravi Sharma, who is plaintiff-respondent herein. Thereafter, Smt. Chando Devi died on 06.10.1999. After her death, plaintiff-respondent herein has became owner and landlord of the disputed shop. Since rent was not being paid by the defendant-tenant/petitioner, therefore, he issued a notice dated 04.02.2002 to the defendant- tenant/petitioner, which was served on 06.02.2002. Despite receiving the notice, the defendant-tenant/petitioner neither vacated the disputed shop nor paid the rent and instead sent a reply of the notice. Consequently, the plaintiff-respondent herein filed SCC No. 26 of 2002 (Ravi Sharma, Advocate Vs. Shri Bhagwan Sharma). This suit was decreed by Judge Small Cause Court, Ghaziabad by the impugned judgment and decree dated 26.07.2010. Aggrieved with this judgment, defendant- tenant/petitioner filed SCC Revision No.98 of 2010 which has been dismissed by the impugned judgment dated 22.05.2019 passed by the Special Judge (E.C. Act), Ghaziabad. Aggrieved with these two judgments, the defendant-tenant/petitioner has filed the present petition under Article 227 of the Constitution of India.
(3.) Learned counsel for the defendant-tenant/petitioner submits as under:-