- (1.) HEARD Sri S. K. Jain, Advocate for the petitioner, Standing Counsel for the respondent no. 1 and Sri Arvind Vashisth. Advocate for the respondent no. 2.
(2.) BY the present writ petition the petitioner has prayed for a writ of cer-tiorari quashing the order dated 28-03-2006 passed by the respondent no. 1 (Annexure-7 to the writ petition ). Briefly stated, according to the case of the petitioner, respondent no. 2 / Kishan Lal Arora is owner of House No. 61, Lunia Mohalla, Dehradun, of which the petitioner is the tenant 6f a part, which consists of two rooms, bath room and Kitchen. Briefly stated, a suit before the Small Causes Court being Suit No. 3 of 1993 Kishan Lal Arora Vs. Surendra Kumar Anand was filed before the Judge Small Causes Court, Dehradun claiming the arrear of rent under Section 20 (2) (a) of the U. P. Act No. XIII of 1972 since April, 1987.
(3.) RESPONDENT no. 3 has submitted that the petitioner/tenant had stopped the payment of rent since 1987, hence on 07-12-1992 a notice under Section 106 of the Transfer of Property Act was sent to the petitioner, which was served upon the tenant on 11-12-1992. The details of the description of arrears, which were claimed by the respondent no. 2 in the plaint, are quoted below: @ Hindi The petitioner has denied the aforesaid averments and has stated in his written statement that he has sent the rent to the landlord by Money Order @ 100/- p. m. for the month of October and November, 1992 and on his refusal, the same was deposited under Section 30 of the U. P. Act No. XIII of 1972. The oral statement of the parties was also re corded by the Court.;