Shabihul Hasnain, J. - (1.) This writ petition is directed against the judgment and order dated 7.8. 1999 passed by Addl. District Judge, Faizabad dismissing the revision filed by the petitioner, against the order dated 2.9.1996 passed by Judge, Small Causes, Faizabad decreeing the suit filed by Ram Dularey- opposite party no. 3, for ejectment and arrears of rent with respect to house in dispute.
(2.) In short the facts of the case are that plaintiff- opposite party no. 3 claiming himself to be land of house no.9/5/57 situated at Mohalla Taksal, Faizabad through a registered sale deed dated 17.8.1983 filed a suit for ejectment and arrears of rent. Plaintiff informed the petitioner about the purchase of the house vide sale deed dated 17.8. 1983. The petitioner had been the tenant of the house since before the said sale deed, as alleged by the plaintiff-opposite party no.3, @ Rs. 40/- per month. It was alleged by the plaintiff-opposite party no.3 in the suit that the respondent- petitioner did not pay the rent since the time of previous owners of the said house.
(3.) The tenancy in this case is admitted. The only the amount of rent is in dispute. A notice dated 5.3. 1992 is said to have been issued to the petitioner-respondent, who has replied the said suit while disputing the rater of rent, saying that he is tenant @ Rs. 5/- per month from the life of his father and not Rs. 40/- as alleged by the plaintiff- opposite party no. 3 in his notice dated 5.3. 1992.;