- (1.) SUDHIR Narain, J. This writ petition is directed against the judgment of the Judge, Small Causes Court, dated 14-10-1992 decreeing the suit for arrears of rent, ejectment and damages against the petitioners and the order dated 5-5-1995 passed by the respondent No. 1 confirming the said judgment and order in the appeal.
(2.) FACTS of the case in brief are that the respondent No. 3 is a publish ing company registered under the Companies Act. Shri Ganesh Bhartiya, predecessor-in-interest of the petitioner, was employed as Sub Editor on the staff of erstwhile 'bharat' daily of respondent No. 4. He was allotted quarter No. 38 Leader Road, Allahabad, which belongs to respondent No. 4. Sri Ganesh Bhartiya retired from service of respondent No. 4 on 9-1-1981. A notice dated 2-11-1981 was given to him asking him to pay arrears of rent for the period 1-1-1981 to 31-10-1981 and to vacate the accommodation under his tenancy and his tenancy was terminated. The notice was served on him on 3-11-1981. Shri Ganesh Bhartiya expired on 2-2-1982. The respondent No. 4 filed Suit No. 237 of 1982 in the Court of Judge, Small Causes, Allahabad against the petitioners and other heirs of deceased Shri Ganesh Bhartiya on the allegation that the tenant had commit ted default in payment of arrears of rent and further the accommodation was given to him on account of fact that he was under employment of the plaintiff-respondent and his employment had ceased. The suit was contested by the defendants and it was denied that the tenant had committed default in payment of arrears of rent or the accommodation in question was given on rent as part of employment of the plaintiff-respondent.
(3.) THE Judge, Small Causes Court, recorded finding against the peti tioners and the suit was decreed on 14-10-1992. THE petitioners preferred revision against aforesaid judgment and revision has bean dismissed by the respondent No. 1 on 5-5-1995. THEse judgments have been challenged in the instant writ petition. The suit for eviction can be based if a tenant commits default in payment of arrears of rent and is in arrears of rent for not less than four months, and has failed to pay the same to the landlord within one month from the date of service upon him of a notice of demand as provided under Section 20 (2) (a) of the U. P. Act No. 13 of 1972. A tenant is also liable for eviction under Section 20 (2) (g) of the aforesaid Act if he was allowed to occupy the building as part of his contract of employment under the landlord and his employment has ceased.;