- (1.) S. P. Mehrotra, J. The petitioner has filed this writ petition under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 24-9-2002 passed by the learned Additional District Judge, Court No. 9, Varanasi (Annexure 10 to the writ petition) and the order dated 11-12-2000 passed by the learned Judge, Small Cause Court, Varanasi (Annexure 8 to the writ petition ).
(2.) THE dispute relates to an accommodation consisting of one room on the ground floor towards North Western Corner of House No. Ck 48/5-A, Mohalla Harha, Raja Darwaja, Varanasi City. THE said accommodation has, hereinafter, been referred to as "the disputed accommodation". The petitioner has filed, in this writ petition, the following supplementary affidavits : (i) Supplementary affidavit sworn on 8th January, 2003. (ii) Supplementary affidavit sworn on 4th February, 2003. (iii) Supplementary affidavit sworn on 23rd February, 2003. An affidavit sworn by Hanuman Das Rastogi on 23rd February, 2003 has been filed on behalf of the respondent.
(3.) IN reply to the said affidavit sworn on 23rd February, 2003 filed on behalf of the respondent, the petitioner has filed a counter-affidavit sworn on 25th February 2003. From the allegations made in the writ petition and the affidavits filed on record, it appears that the respondent filed a suit against the petitioner for ejectment, arrears of rent, mesne profits etc. in respect of the disputed accommodation. It was inter alia, alleged by the respondent as plaintiff in the said suit that the respondent purchased house No. Ck 48/5-A from Gopal Prasad, son of late Moti Lal through a sale deed dated 23rd February, 1994, and since then, the respondent was owner and landlady in possession of the said house, and that the petitioner (defendant) was tenant in the disputed accommodation.;