- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and perused the record.
(2.) THE petitioner has filed this writ petition praying for a writ of certiorari quashing the impugned order dated 9-10-2002 passed by the Judge Small Cause Court/civil Judge (Junior Division), Budaun in S. C. C. Suit No. 23 of 1994 (Radhey Shyam v. Suresh Chandra and Ors.) rejecting his application 173-C for accepting the dues with costs. The facts of the case in brief are that the father of the petitioner and respondents 3 to 7 and 9 was the tenant of the shop in dispute situate in the Halwaiyan Bazar of Budaun owned by respondent No. 2. The father of the petitioner died on 28-1-1993 and the tenancy devolved upon him. Respondent No. 2 filed a suit in 1994 for arrears of rent since 1-7-1985 and eviction of the petitioner from the shop in dispute after the death of his father in 1993. The petitioner filed written statement denying the plaint allegations that there were no arrears of rent as his father had made full payment in his life-time and the suit has been filed on false and frivolous grounds. It is further alleged that the respondent did not serve any notice under Section 106 of the Transfer of Property Act upon the petitioner and as such the suit was not maintainable.
(3.) APART from filing the written statement the petitioner filed an application for permission for make payment of the dues as claimed by the respondent-landlord. When on two occasions the petitioner did not turn up on the dates fixed, the Judge Small Cause Court rejected the aforesaid application of the petitioner. Revision No. 20 of 2000 was filed against the order of rejection before the Additional District Judge, Budaun was admitted and alleged to have been decided on 8-5-2002 on the ground of technicality and against the principles of natural justice. This case is a glaring example of dilatory tactics adopted by the tenant. S. C. C. Suit No. 23/1994 was filed on 16-9-1994.;