- (1.) S. P. Mehrotra, J. The present writ petition under Article 226 of the Constitution of India has been filed, inter alia, praying for quashing the order dated 5-4-2003 (Annexure No. 12 to the writ petition) passed by the learned Additional District and Sessions Judge, Court No. 15, Bulandshahr, the order dated 7-7- 2000 (Annexure No. 9 to the writ petition) passed by the learned 5th Additional District Judge, Bulandshahr, and the order dated 27-11-2002 (Annexure No. 10 to the writ petition) passed by the learned Judge, Small Cause Court, Bulandshahr.
(2.) THE dispute relates to an accommodation situated in Mohalla Lakhsmanganj, Kasba Khurja, District Bulandshahr, the details whereof have been given in the plaint of the suit referred to hereinafter. THE said accommodation has hereinafter been referred to "the disputed accommodation". It appears that the plaintiff respondent No. 1 filed a Suit against the defendant respondent No. 2 in the Court of Judge, Small Cause, Bulandshahr, inter alia seeking decree for ejectment, arrears of rent and damages etc. in respect of the disputed accommodation. It was, inter alia, alleged in the said Suit that the plaintiff respondent No. 1 was the owner /landlord of the disputed accommodation and that the defendant respondent No. 2 was the tenant of the disputed accommodation at monthly rent of Rs. 45/- and that the defendant respondent No. 2 paid rent for the period with effect from 1-1-1994 to 31-3-1994 for which the plaintiff respondent No. 1 had issued the receipt and that thereafter, with effect from 1-4-1994, the defendant-respondent No. 2 did not pay any rent in respect of the disputed accommodation and that the tenancy of the defendant-respondent No. 2 in respect of the disputed accommodation was determined by the notice given no 7-10-1994 which was served personally on the defendant-respondent No. 2 on 8-10-1994 and that the defendant-respondent No. 2 gave incorrect reply through his Advocate on 26-10-1994 and that in the said reply, the defendant- respondent No. 2 denied the title of the plaintiff-respondent No. 1.
(3.) THE said Suit was registered as S. C. C. Suit No. 148 of 1994. Copy of the plaint of the said S. C. C. Suit No 148 of 1994 has been annexed as Annexure No. 1 to the writ petition. The said Suit was contested by the defendant-respondent No. 2 by filing Written Statement, copy whereof has been filed as Annexure No. 2 to the writ petition.;