Rakesh Tiwari, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) BRIEF facts of the case are that the petitioner claims that he was tenant of a shop at ground floor in the property No. 30/97, Peepal Mandi, Agra, at the rate of Rs.65/- per month including all taxes with the previous owner. Thereafter, the house was purchased by Rajendra Prasad Gupta, respondent-plaintiff including the shop in dispute in the year 1994. The petitioner-defendant whereupon started depositing of rent in the Court of Civil Judge (Junior Division), Agra in Misc. Case No. 20 of 2006: Shri Lalla v. Sri Rajendra Prasad Gupta, under Section 30 (I) of the U.P. Urban Buildings (Regulation of Letting, Rent And Eviction) Act, 1972, hereinafter referred to as 'Act'. The plaintiff-respondent filed suit No. 20 of 2009: Sri Rajendra Prasad Gupta v. Vijai Prakash @ Lalla, in the Court of Judge, Small Causes Court, Agra. It appears that the petitioner had deposited Rs. 4000.00 as arrears of rent in the Court on 28/5/2009 and also filed written statement in the suit on 29/5/2009. Subsequently, Judge Small Causes Court decreed the suit for ejectment vide judgment and order dated 25/2/2010. Aggrieved by the aforesaid judgment dated 25/2/2010, the petitioner- defendant preferred revision No. 12 of 2010: Vijai Prakash v. Rajendra Prasad Gupta, in the Court of District Judge, Agra which was rejected by the Addl. District Judge, Court No. 20, Agra on 15.7.2010 to whom the case was transferred.
(3.) IN the aforesaid backdrop of the case, this writ petition has been filed by the petitioner challenging the validity and correctness of the impugned judgment and orders dated 25/2/2010 and 15.7.2010 passed by Judge, Small Causes Court, Agra and Addl. District Judge, Court No. 2, Agra respectively. In this regard, learned counsel for thepetitioner has relied upon the following extracts of the judgment in the revision; JUDGEMENT_522_ADJ9_2010Image1.jpg ;