Sibghat Ullah Khan, J. - (1.) -Order dated 01.04.2013 passed in this writ petition is quoted below: "Heard Shri N.C. Upadhyay, learned counsel for the landlord-petitioner and learned standing counsel for tenant respondents. Admittedly the premises has been vacated. The only dispute is regarding rate of rent whether it is Rs. 365.50 per month or Rs. 1,000/- per month. Judgment reserved."
(2.) This is landlord's writ petition arising out of Suit No.1 of 1999, which was filed by him against tenants respondents for eviction and recovery of arrears of rent claiming that the rate of rent was Rs. 1000/- per month. The defendants tenants respondents contended that rate of rent was Rs. 365.50 per month. The suit was dismissed by Civil Judge (S.D.), Shrawasti on 04.04.2002. Before the decision, the building in dispute had been vacated and this fact was noticed in its judgment by the trial court. The trial court held that the plaintiff failed to prove that rate of rent was Rs. 1000/- per month. Accordingly, the suit was dismissed. It appears that the suit had been tried as SCC suit exercising the powers of J.S.C.C. Against the decree passed by the trial court, plaintiff petitioner filed SCC Revision No.1 of 2002. District Judge, Shrawasti at Bhinga dismissed the revision on 02.09.2004, hence this writ petition.
(3.) In the suit defence of the tenants had been struck off against which order Writ Petition No.101 (R/C) of 2001 was filed which was dismissed by this Court on 23.07.2001. In the said judgment, it is mentioned that petitioners tenants stated that they had arranged the alternative accommodation and would vacate the premises after one month. It is also noticed in the said judgment that the learned counsel for landlord asserted that rent even at the rate of Rs. 365.50 per month had not been paid even though through letter dated 31.07.1998 landlord claimed the rent at the rate of Rs. 1000/- per month. After dismissing the writ petition, it was directed as follows: "The petitioner will vacate the premises and handover the peaceful possession to the opposite party No.3 on 31.08.2001 and before that date petitioner shall pay the entire rent at the rate of Rs. 365.50 to opposite party No.3 from the date the premises was taken on rent.";