DEVENDRA PRATAP SINGH,J. - (1.) HEARD learned counsel for the parties.
(2.) THIS petition is directed against concurrent orders dated 17.5.2007 and 25.4.2008 by which the eviction suit of the respondent landlord has been decreed by both the courts below. The respondent landlord filed Suit No. 4 of 2005 before the Judge Small Causes, Bareilly with the allegation that he was the owner and landlord of the disputed premises occupied by the petitioner tenant at the rate of Rs. 439.40/- but he defaulted in payment and despite notice neither he paid the rent nor vacated the premises. The suit was decreed by the trial Judge with the finding that the notice is valid and the petitioner had failed to deposit the arrears of rent according to law. The consequent revision has also been dismissed.
(3.) IT is urged on behalf of the petitioner that in an earlier Small Causes Suit No. 53 of 1992 between the parties the petitioner had already deposited the rent under Section 30 and thus, the notice demanding rent again for the period covered by the earlier suit rendered the notice invalid.;