S.U. Khan, J. - (1.) This is tenants writ petition. Landlords-respondents 3 to 11 Shrimati Khudaijn Bibi and others filed SCC Suit No. 164 of 1979 against tenant-petitioner before JSCC Gorakhpur. In the suit relief of eviction on the ground of default and for recovery of arrears of rent was sought. Suit for eviction and recovery of arrears of rent was decreed on 23.3.1984. Petitioner filed Civil Revision No. 151 of 1984 against the said judgment and decree. Vth A.D.J., Gorakhpur through judgment and order dated 15.3.1985 dismissed the revision, hence this writ petition.
(2.) Plaintiffs pleaded that rate of rent was Rs. 10/- per month and since April, 1965 rent had not been paid in spite of notice of demand and termination of tenancy. Defendant-tenant pleaded that rate of rent was Rs. 8/- per month and he had paid rent to Ubaidur Rehman, original landlord-predecessor-in-interest of the plaintiffs till August, 1976 and that Ubaidur Rehman died in August, 1976 and there after two months rent was paid to plaintiff No. 1 and after receipt of notice rent for November, 1976 was sent through money order to plaintiff No. 1 which she refused, hence the same was deposited under Section 30 of U.P. Act No. 13 of 1972. Landlord asserted that Ubaidur Rehman had died in August, 1975 and not August, 1976.
(3.) Both the Courts below held that rate of rent was Rs. 10/- per month and rent had not been paid since April, 1965. For recording the finding regarding rate of rent entries in Nagar Palika House Tax records were taken in to consideration. In the said records rent was shown to be Rs. 10/- per month. Tenant placed reliance upon his written statement in an earlier suit being Original Suit No. 194 of 1965 in which he had staled that rate of rent was Rs. 8/- per month. The Courts below held that the said assertion was tenants own admission which he could not prove or take advantage of.;