S.P.MEHROTRA,J. - (1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, challenging the judgment and order dated 23 -4 - 2002 (Annexure 10 to the writ petition) passed by the learned Judge Small Causes, Meerut and the judgment and order dated 26 -9 - 2002 (Annexure 14 to the writ petition) passed by the learned Additional District Judge (Court No. 18), Meerut.
(2.) THE dispute relates to a quarter situate opposite police station Chhaprauli, the details whereof have been given in the suit referred to hereinafter. The said quarter has hereinafter, been referred to as 'the disputed quarter, From the allegations made in the writ petition, it appears that a suit was filed by the respondent Nos. 1, 2, 3 and 4 (plaintiffs) against the petitioner for ejectment and arrears of rent etc. in respect of the disputed quarter. It was, inter alia, alleged by the plaintiffs in the said suit that the petitioner was the Principal of Shri Vidya Mandir Inter College, Chhaprauli, Meerut, and that the petitioner was given the disputed quarter for his residence free of charge on account of being Principal of the said institution, and that the petitioner retired on 30th June, 1990 and he continued to occupy the disputed quarter even after the retirement, and that the plaintiffs served a notice dated 16th October, 1995 requiring the petitioner to pay all the arrears of rent due against him with regard to the disputed quarter within 30 days of the receipt of the said notice, and that in the said notice, the plaintiffs claimed Rs. 1500 per month as rent from the petitioner for the period after his retirement till the date of actual delivery of possession by him, and that in reply to the said notice given by the plaintiffs, the petitioner claimed himself to be the tenant in the disputed quarter at the rate of Rs. 150 per month, and that even according to his own version, the petitioner failed to make payment of rent, namely, Rs. 150 per months from the date of his retirement, and that the tenancy of the petitioner stood terminated through the said notice dated 16th October, 1995. The said suit was filed in the Court of Additional Judge, Small Cause Court, Meerut and was registered as SCC Suit No. 12 of 1996. A copy of the plaint has been filed as Annexure 6 to the writ petition.
(3.) THE petitioner contested the said suit and filed the written - statement, a copy whereof has been filed as Annexure 7 to the writ petition. It was, inter alia, alleged by the petitioner that there was no relationship of landlord and tenant between the plaintiffs and the petitioner (defendant), and that according to the own case of the plaintiffs, the petitioner (defendant) was licensee in the disputed quarter, and that in the circumstances, the Judge Small Cause Court had no jurisdiction to entertain the said suit, and the civil Court of original jurisdiction only had jurisdiction to entertain the suit.;