S.U.KHAN - (1.) HEARD learned Counsel for both the parties.
(2.) THIS is tenant's writ petition arising out of a suit (SCC suit No. 110 of 1979) filed by landlord -respondent No. 3 Mahesh Narain against him for eviction and recovery of arrears of rent. Eviction was mainly sought on the ground of subletting. Property in dispute is of such nature that it may either be described as consisting of two shops or one shop having two khans (portions). Manner of description will not make the least difference on the merit of the case. It was alleged in the plaint that tenant -petitioner - Shankar Lal had sublet one of two shops or one of the two portions of the shop to Suraj Pal. It is strange that Suraj Pal the alleged subtenant appeared as witness of the landlord and alleged that for a short period in between 1978 -79 Shankar Lal had sublet part of the accommodation in dispute to him.
(3.) ACCORDING to the tenant he never sublet part of the accommodation to Surajpal who was only his munim and his services had been terminated on 23.5.1979. An intimation of the said fact had also been given to Mandi Parishad on 24.5.1979. JSCC/Munsif, Anoopshahar District Bulandshahar found that subletting had been proved and decreed the suit for eviction through judgment and decree dated 19.4.1979. Decree for recovery of arrears of rent was also passed. However, suit was not decreed on the ground of default as tenant had deposited the entire requisite amount on 1st date of hearing and prior to that he had deposited the rent under Section 30 of U.P. Act No. 13 of 1972. Against judgment and decree passed by the trial court tenant -petitioner filed SCC revision No. 21 of 1989. VIth A.D.J., Bulandshahar through judgment and order dated 27.8.1992 dismissed the revision hence this writ petition.;