- (1.) Having lost from both the courts below, the tenant-petitioner has filed this writ petition assailing the judgment and decree passed by the Judge Small Causes, Lucknow in S.C.C. Suit No.47 of 2005 whereby the suit for recovery of arrears of rent and ejectment was decreed and the judgment and order dated 25.08.2012 passed by the Special Judge, Lucknow in S.C.C. Revision No.78 of 2010 whereby the revision was dismissed.
(2.) The opposite party no.3 landlord filed a suit against the petitioner with the allegation that he purchased House No.417/11 Municipal No.279/93 known as Bashir Building situated at Canal Road, Pandariba, Lucknow from Mohd. Aslam Siddiqui by means of registered sale-deed dated 04.02.1995. The petitioner was tenant in a room situated on the ground floor of the said house. The opposite party no.3, who is the landlord informed the petitioner that he had purchased the house to which the petitioner stated that he had sublet the room under his tenancy to Smt. Malti Sharma and Pradeep Sharma and had also been receiving rent from them @ Rs.125/- per month. The opposite party no.3 filed S.C.C. Suit No.59 of 1998 before the Judge Small Causes Court, Lucknow against Smt. Malti Sharma and Pradeep Sharma in which they filed their written statement denying their status as subtenant and stating that they were tenants in their independent capacity. The opposite party no.3 accepting Smt. Malti Sharma and Pradeep Sharma as his tenants demanded rent from them w.e.f. 04.02.1995 @ Rs.125/- per month but they did not pay any rent. The opposite party no.3 then issued a notice to them on 06.12.2004 demanding the arrears of rent and also asking them to hand over the vacant possession of the room under their tendency within thirty days. The said notice was served upon them on 13.12.2004 but the notice was replied by the petitioner on 09.01.2005 through his Advocate in which he stated that he was the tenant of Mohd. Aslam Siddiqui @ Rs.15/- per month. The opposite party no.3, thus, also took it as a ground for eviction that the petitioner had denied his status as landlord and had also not paid rent to him.
(3.) The petitioner-tenant contested the suit and filed his written statement stating therein that he had no knowledge of the alleged sale-deed dated 04.02.1995 executed by Mohd. Aslam Siddiqui in favour of the opposite party no.3. It was further pleaded by him that Bashir Building is a huge building having several tenants. The father of the petitioner late Ram Adhar was tenant since last about 60 years and he died in the year 1995. It was further stated that prior to 1976 the rate of rent was Rs.6.25 paisa per month which was being paid by Bashir Ahmad but after his death his grand-son Mohd. Aslam Siddiqui started receiving the rent. The rent upto January, 2005 has been paid to Mohd. Aslam Siddiqui @ Rs.15/- per month. The petitioner further took a defence that the portion in which he is residing as a tenant was gifted to Smt. Shahida Khatoon by means of a gift deed dated 05.12.1973. Late Bashir Ahmad had donated the entire building to three different persons separately and several cases with regard to the title of Mohd. Aslam Siddiqui had been instituted in the Court of Civil Judge, Mohanlalganj, Lucknow. The petitioner also stated that he had deposited Rs.3,000/- on the first date of hearing and as such he was not liable to be evicted on the ground of arrears of rent.;