MUKTESHWAR PRASAD, J. - (1.) THIS is tenant's petition under Article 226 of the Constitution of India. The petitioner has prayed for quashing the judgment and order dated 18-10-1985 passed by respondent No. 1 and judgment and order dated 30-4-1985 passed by respondent No. 2.
(2.) I have heard Sri G.N. Verma, Senior Advocate, assisted by Sri R.N. Sharma, learned counsel for the petitioner and Sri Navin Sinha, Senior Advocate, assisted by Sri Ashish Srivastava, learned counsel for landlord respondent and have perused the record carefully. It appears that landlord filed a suit for eviction of the tenant (Sharda Prasad) from House Nos. 54 (old) and 289 (new) Mohalla Chak, Allahabad and for recovery of arrears of rent and damages. The suit was filed with the allegations that the defendant occupied the accommodation as a tenant on a monthly rent of Rs. 24/-, which was enhanced to Rs. 30/- per month w.e.f. 15-7-1972. The tenant failed to pay arrears of rent w.e.f. 1-1-1970. He was, therefore, served with a composite notice of demand and determining tenancy dated 21-3-1978, which was served or him by refusal on 23-7-1978. He however neither paid the arrears of rent nor vacated the accommodation.
(3.) THE defendant contested the suit on the grounds, inter alia, that the plaintiff was not the landlord and the defendant claimed himself to be owner of the house in question and he never paid any rent to the plaintiff. It was also pleaded that no notice dated 21-3-1978 was served on him and he never refused to receive the notice.;