- (1.) Heard learned Counsel for the petitioner but none appears for the contesting respondent. This petition is directed against concurrent judgments dated 31.3.1998 and 20.7.1999 by which an eviction suit of the petitioner-landlord has been dismissed by both the Courts below.
(2.) The petitioner filed SCC Suit No. 8 of 1982 with the allegation that he became owner of the disputed shop by virtue of a decree passed in Original Suit No. 11 of 1968 where the respondent was a tenant at monthly rate of Rs. 45/- but he defaulted in payment of rent from 31.5.1973 and despite a notice neither the rent was paid nor the premises was vacated and as such the suit was filed for eviction and arrears of rent from 31.5.1973 to 31.3.1982.
(3.) The respondent No. 3 filed his written statement inter alia alleging that he was depositing rent under section 30 of U.P. Act No. 13 of 1972 treating the respondent No. 4 as the landlord. The respondent No. 4 filed his written statement alleging that no cause of action arose for filing the suit and that the question of title could not be decided in proceedings under Small Causes Courts Act. It was further pleaded that the rights of the parties are subjudice in Second Appeal No. 10873 of 1981 and the petitioner is not entitled to receive rent till the decision of the said suit. After contest the Trial Court dismissed the suit vide order dated 31.3.1998 and a consequential revision was also dismissed on 20.7.1999.;