- (1.) Heard learned Counsel for the parties.
(2.) This petition is directed against concurrent judgments dated 31.10.2007 and 12.1.2009 by which both the courts below have decreed the suit filed by the respondent-landlord for eviction and arrears of rent.
(3.) The necessary facts are that the respondent-landlord instituted a suit No. 24 of 2002 before the Judge, Small Cause Court inter-alia with the allegation that Late Kishori Lal Srivastava occupied the disputed shop as a tenant where he was running a tailoring shop. After his death, his heirs became joint tenants. Initially the rent of the shop was Rs. 4/-per month but from January, 1990 with mutual consent, it was increased to Rs. 100/-per month and the defendant No. 1 was running the business in the disputed shop on behalf of all the heirs but he defaulted in payment of rent from January, 1990 and in fact, had closed down the shop and despite notice dated 12.2.2002, neither the rent for about 45 months was paid nor the shop was vacated and therefore, he filed the suit for arrears of rent from 20.2.1999 to 20.3.2002 and eviction. During the pendency, defendant Nos. 1 and 2 died whereupon their heirs were brought on record.;