- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and perused the record.
(2.) THE petitioner has prayed for issuance of a writ of certiorari quashing the impugned judgments and orders dated 3-12-2001 and 26-4-2002 passed by the Judge Small Cause Court and XVII Additional District Judge Allahabad respectively. By the order dated 3-12-2001 the Judge Small Cause Court has decreed the plaintiff-respondents' suit for eviction, possession and compensation. By order dated 26-4-2002 the XVII Additional District Judge Allahabad has dismissed the revision filed by the petitioner-tenant against the judgment and decree dated 3-12-2001 passed by the Judge Small Cause Court. . Briefly stated the facts of the case are that petitioner is the tenant of respondent Nos. 3 and 4 in Shop No. 8 situate in premises No. 388, Chak Raghunath, Mirzapur Road, Naini, Allahabad.
(3.) IT is alleged that on 10-4-1981 Smt. Devkali Devi created tenancy of the shop in dispute on behalf of the respondent-landlords who were minor at the relevant time for sale/purchase of iron guarders by leasing out the disputed shop @ Rs. 160/- per month till 31-3-1982 and thereafter the tenant would be liable to pay rent @ Rs. 175/- per month till 31-3-1990 and further from 1-4-1990 the rate of rent would be Rs. 200/- per month. IT was further agreed that the petitioner-tenant would also pay water charges provided he used water. The shop was leased out for stocking/sale of iron guarders. From the record it appears that the dispute came into existence when the rent for the months of July, August, September and October 1995 amounting to Rs. 800/- (at the rate of Rs. 200/- per month) offered by the petitioner to the landlords was refused by them even when the same was sent through money order to them.;