- (1.) S. P. Mehrotra, J. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, inter alia, challenging the judgment and order dated 13-1-1982 passed by IIIrd Addl. District Judge, Ghaziabad (respondent No. 1) (Annexure No. 4 to the writ petition) and the judgment and order dated 22-5-1980 passed by Judge, Small Court, Ghaziabad (respondent No. 2) (Annexure No. 3 to the writ petition ).
(2.) IT appears that the respondent No. 3 filed a suit for ejectment, arrears of rent, and the mesne profits against the petitioner in the Court of Judge, Small Causes, Ghaziabad. The said suit was filed on 2/3-1- 1977, and the suit was registered as Suit No. 26 of 1977. IT was, inter alia, alleged in the plaint of the said suit that the petitioner was a tenant in the disputed accommodation described at the foot of the plaint, and that the petitioner was in arrears of rent from 7-12-1974, and that a notice dated 18-11-1976 under Section 20 (2) of the U. P. Act No. XIII of 1972 read with Section 106 of the Transfer of Property Act was given by the respondent No. 3 to the petitioner which was served on the petitioner on 19-11-1976, and thus, the tenancy of the petitioner came to end on 20-12-1976. A copy of the plaint has been filed as Annexure No. 1 to the writ petition. The petitioner filed his written statement dated 14-10- 1977/17-2-1978. In the said written statement, the petitioner, inter alia, alleged that the monthly rent of the disputed accommodation was Rs. 15/- per month and not Rs. 35 as alleged by the respondent No. 3 and that the rent was regularly paid by the petitioner to the respondent No. 3 and it was wrong to allege that the rent was in arrear from 7-12-1974. A copy of the written statement has been filed as Annexure No. 2 to the writ petition. It appears that during the pendency of the suit, respondent No. 3 filed an application No. 6d dated 23-2-1978 under Order XV Rule 5 of the Code of Civil Procedure. The learned Judge, Small Cause Court Ghaziabad (respondent No. 2) proceeded with the trial of the suit, framed issues and recorded the evidence led by the respondent No. 3 as plaintiff and evidence led by the petitioner as defendant. One of the issues framed by the respondent No. 2, namely, issue No. 4 was as to whether the defendant (petitioner) complied with the requirements of Order XV Rule 5 of the Code of Civil Procedure and whether the defence of the defendant (petitioner) was liable to be struck off.
(3.) THE respondent No. 2 by his judgment and decree dated 22-5-1980 (Annexure No. 3 to the writ petition) decreed the said suit filed by the respondent No. 3. In its judgment, respondent No. 3 first proceeded to decide Issue No. 4 regarding the compliance of Order XV Rule 5 of the Code of Civil Procedure, and held that the petitioner (defendant) had filed to comply with the requirements of Order XV, Rule 5 of the Code of Civil Procedure, and the defence of the petitioner was liable to be struck off. THEreafter, the respondent No. 2 in the said judgment proceeded to decide other issues. In deciding issue No. 1 regarding the rate of rent of the disputed accommodation, the respondent No. 2 declined to consider the statement of witnesses examined on behalf of the petitioner (defendant) on the ground that the defence of the petitioner had been struck off. THE respondent No. 2 decided issue No. 1 holding that the rent of the disputed accommodation was Rs. 35 per month as alleged by the respondent No. 3 (plaintiff ). THE respondent No. 2 decided issue No. 2 regarding the applicability of the U. P. Act No. XIII of 1972 to the disputed accommodation holding that the said Act was applicable to the disputed accommodation. On issue No. 3 regarding default in payment of rent by the petitioner, the respondent No. 2 held that the petitioner had committed default in payment of rent as contemplated under Section 20 (2) (a) of the U. P. Act No. XIII of 1972. Against the said judgment and decree dated 22-5-1980, the petitioner field a revision under Section 25 of the Provincial Small Cause Courts Act. The said revision was registered as SCC revision No. 162 of 1981.;