Mukteshwar Prasad, J. - (1.) The tenant has filed this petition under Article 226 of the Constitution of India for quashing the order-dated 22.1.1996 and 19.7.2000 (Annexures 2 and 1 to the writ petition) passed by respondent Nos. 2 and 1 respectively.
(2.) It appears that a S.C.C. Suit No. 77 of 1987 was filed by the landlord against the tenant-petitioner for his eviction from the accommodation in dispute and for recovery of arrears of rent and damages. The suit was filed mainly on the grounds that the petitioner resided in the disputed accommodation as a tenant on a monthly rent of Rs. 250/- and tenancy commenced from first day of English Calendar month. The defendant failed to pay rent w.e.f. 1.10.1986 to 31.3.1987 and also failed to pay the arrears of rent despite service of a notice of demand and terminating the tenancy. The notice was sent by the landlord on 2.4.1987 of which was served on 4.4.1987. However, neither the accommodation in dispute was vacated nor arrears of rent was paid by the tenant.
(3.) The suit contested by the petitioner mainly on the grounds that the rent of the premises in question was Rs. 25/- and not Rs. 250/- per month as alleged by the landlord. Moreover, no rent was due and no notice was served upon him.;