- (1.) SHASHI Kant Gupta, J.;- This writ petition is directed against the order dated 30.4.2011 passed by the Additional District Judge, Court No. 2, District Aligarh in Small Causes Court Revision No. 45 of 2010 upholding the order dated 28.10.2010 passed by Additional Civil Judge, District Aligarh in Small Causes Court Suit No. 85 of 2006 whereby the suit filed by the petitioner for arrears of rent and ejectment was decreed.
(2.) BRIEF facts of the case are as follows; The SCC Suit No. 85 of 2006 was filed by the respondent-landlords on the ground of arrears of rent and ejectment, and denial of title against the petitioner. The petitioner filed his written statement denying the allegations of the plaintiffs-landlord and pleaded that the plaintiffs-landlords are neither the owner or the landlords of the suit property nor any relationship of the landlord-tenant existed between the plaintiffs and the answering defendants. Hence, no question to pay any rent arises. It was further pleaded that the plaintiffs wrongly alleged in the Suit No. 346 of 1992 to be the owner of the house in suit on the ground of some sale deed executed in favour his grand father. It was further pleaded that the erstwhile owner Amna Khatoon alienated the disputed property in favour of the petitioner by way of oral gift.
(3.) THE trial court framed four issues namely; firstly, whether the intricate question of title is involved in the matter; secondly, whether the petitioner has denied the title of the plaintiffs; thirdly, whether the petitioner had committed default in payment of rent and fourthly, whether the petitioner is liable to be evicted.;