RAKESH TIWARI, J. - (1.) THE validity and correctness of judgment and orders dated 31-5-2001 and 28-2-2002 (appended as Annexures 4 and 7 respectively to the writ petition) passed by Judge, Small Causes Court, Aligarh and Additional District and Sessions Judge, Fast Track Court No. 1 Aligarh respectively are under challenge in the instant writ petition.
(2.) THIS is tenant's petition. Facts giving rise to the present writ petition, as have been disclosed in the writ petition, are that the building, in dispute was constructed in 1984. One shop was let out to Dr. S.C. Varshney and the shop adjacent to it. It is alleged by the petitioner that after a sum of Rs. 30,000/- was paid to the landlord-respondent No. 3 as security money, the shop, in question was assessed on 1-2-1987 by the Municipal authorities and it is alleged that after expiry of five years, the landlord asked the tenant to enhance the monthly rent from Rs. 250/- to Rs. 287/- excluding taxes. It is further alleged that after November, 1991 rent receipts were not issued by the landlord and in the last rent receipt dated 2-11-1991 issued by him, it was mentioned that Rs. 1150/- was adjusted from security money deposited by the tenant and in future the rent shall be adjusted from the security money. It was further mentioned in the rent receipt dated 2-11-1991 that the said security money amounting to Rs. 15,000/- was adjusted towards rent upto 31-8-1995.
(3.) THE case of the petitioner is that after 31-8-1995, the rent was regularly sent through account payee cheques but the landlord filed suit No. 52 of 1998 against the petitioner alleging sub-tenancy by the petitioner with prayer that the tenant be restrained from sub-letting the shop, in question, after receipt of notice of the suit.;