RAKESH TIWARI, J. - (1.) TENANT -petitioner has approached this Court for a writ in the nature of certiorari quashing of impugned judgment and decree dated 4.5.2001 passed by respondent No. 2 in Suit No. 94 of 1999 and judgment dated 20.3.2002 passed by respondent No. 1 in Revision No. 21 of 2001 dismissing the revision and writ in the nature of mandamus commanding the respondents not to evict him from the disputed shop.
(2.) BRIEFLY stated, facts of the case as disclosed in the writ petition are that respondent No. 3 is the landlord of the disputed shop. He filed S.C.C Suit No. 94 of 1999 in the Court of Judge, Small Causes Court, Bijnor against the tenant -petitioner, inter alia, on the ground that the shop, In question, was given on monthly rent of Rs. 715 to the petitioner on 1.1.1996. The tenant claims that the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') do not apply to the disputed accommodation and that a written rent note was executed between the parties on 1.1.1996 with condition that 10% of the rent will be enhanced after 3 years and in case of non -payment of rent for any month, it shall be paid alongwith 2% interest. It is further claimed that the tenant paid rent till 31.12.1998 and from 1.1.1999 onwards, he did not pay any rent; that registered notice dated 15.9.1999 was sent to the tenant demanding rent from 1.1.1999 till 15.9.1999 amounting to Rs. 6681 and terminating the tenancy and that the tenant neither paid rent nor vacated the disputed accommodation.
(3.) THE petitioner claims that he sent his reply dated 7.10.1999 to the notice dated 15.9.1999 stating therein that rent note was executed on 3.10.1988 but he started his business from 1.10.1988; that the monthly rent of the accommodation was Rs. 650 which he has been paying regularly and the rent was increased to Rs. 715 from 1996 with the consent of the parties.;