Devendra Pratap Singh, J. - (1.) Heard learned counsel for the parties. This petition by the tenant is directed against concurrent orders dated 27.2.2002 and 7.11.2003 by which a suit for arrears of rent and eviction filed by the respondent landlord has been decreed by both the courts below.
(2.) The respondent landlord instituted a Small Causes Suit No. 25 of 1995 against the petitioner's father, Abdul Sattar for arrears of rent and eviction inter alia with the allegations that he was a tenant of the disputed shop situated in Mirch Mandi on behalf of the landlord at Rs. 100/per month but he defaulted in payment of rent from 1.6.1990 and inspite of several demands, he did not pay forcing him to send a registered notice dated 28.9.1995 demanding arrears of rent within the notice period and for vacating the disputed shop. Despite service of notice neither the rent was paid nor the premises vacated.
(3.) Abdul Sattar filed his written statement alleging that his wife had a share in the disputed shop and with her consent, he was paying Rs. 100/per month as rent, but after her death, he alongwith his children became co-owners and could not be evicted. It was further asserted that a partition suit was pending and as it involved genuine dispute of title, the matter should be relegated to the regular courts under Section 23 of the Act. During pendency of the suit, Abdul Sattar died whereupon the present petitioners were substituted and they filed another written statement that partition suit no.165 of 1990 had been decreed and therefore they are not liable for eviction.;