SUNITA AGARWAL, J. - (1.) Heard Sri Nimai Dass and Sri Sundeep Agarwal, learned counsels for the petitioner and Sri Virendra Singh, learned counsel for the respondent.
(2.) The eviction decree passed in SCC Suit No. 43 of 1987 (Rajendra Prasad vs. Sahaj Ram) is under challenge in the present petition. A notice dated 2.4.1987 was served upon the defendant/petitioner demanding rent from 1.2.1986 to 31.3.1987 @ Rs. 50/ - per month for a total Rs. 700/ - towards rent, Rs. 140/ - towards House Tax and Water Tax, thus total amount due was Rs. 840/ - per month. By the said notice, the tenancy was also terminated on the ground of default. The eviction suit was filed on 25.8.1987. The defendant had put in appearance on 4.2.1988.
(3.) In the present suit, it was submitted by the defendant that on the date of notice he was not in default of rent for more than;