- (1.) S. P. Mehrotra, J. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia praying for quashing the order dated 23rd August, 2003 (Annexure 4 to the writ petition) passed by the learned Civil Judge (Senior Division), Mathura, and the judgment and order dated 22nd September, 2003 (Annexure 6 to the writ petition) passed by the learned District Judge, Mathura.
(2.) THE dispute relates to a shop, the details whereof have been given in the plaint of SCC Suit No. 8 of 1998 referred to hereinafter. THE said shop has, hereinafter, been referred to as the "disputed shop". From a perusal of the averments made in the writ petition and the annexures thereto, it appears that a suit for eviction, arrears of rent, and damages etc. was filed by the respondent No. 2 (Prayag Nath Chaturvedi) against the respondent No. 3 (Tulsi Das) in respect of the disputed shop. It was, inter alia alleged in the said suit that the respondent No. 2 was the owner and landlord of the disputed shop, and that the disputed shop was let out to the respondent No. 3 on 2nd January, 1992 at a monthly rent of Rs. 450 for a period of five years, and that the respondent No. 3 had also executed a Kirayanama in favour of the respondent No. 2 and that in accordance with the term of Kirayanama, the period of lease had expired on 31-12-1996, and that thereafter, the respondent No. 3 again took the disputed shop on rent at a monthly rent of Rs. 525 and again executed a Kirayanama on 2-1-1997 and that in accordance with the term of Kirayanamaya, the period of lease expired on 1-10-1997, and that despite repeated demands by the respondent No. 2, the respondent No. 3 did not vacate the disputed shop, and that the respondent No. 2 through his Counsel gave notice dated 15-1-1998 by registered post to the respondent No. 3 and that the respondent No. 3 refused to accept the said notice. The said suit was registered as SCC Suit No. 8 of 1998.
(3.) IT further appears that by the judgment and order dated 25th May, 1999, the said suit being SCC Suit No. 8 of 1998 was decreed ex-parte. Copy of the said judgment and order dated 25th May, 1999 has been filed as Annexure 1 to the writ petition. It further appears that an application dated 21st January, 2000 under Order IX, Rule 13 read with Section 151 of Code of Civil Procedure was filed on behalf of the respondent No. 3 for setting aside the said ex-parte decree, and resorting the said SCC Suit No. 8 of 1998 to its original number.;