Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the parties and perused the record. This petition under Article 226 of the Constitution has been filed by the landlord praying for quashing the judgment and order dated 27.8.1996 passed by the Judge Small Causes Court, Meerut and the Judgment and order dated 6.4.2000 passed by the III Additional District Judge, Meerut which have been appended as Annexures 17 and 22 respectively to the writ petition.
(2.) BY the judgment and order dated 6.4.2000 the III Additional District Judge, Meerut has dismissed the S.C.C. Revision No. 253 of 1996 filed by the petitioner under section 25 of the Small Causes Courts Act against the judgment and order dated 27.8.1996 passed by the Judge Small Causes Court, Meerut in S.C.C. Suit No. 283 of 1987 dismissing the suit filed by the petitioner for arrears of rent, ejectment of the respondent, sub -letting and material alteration. S.C.C. Suit No. 283 of 1987 was filed by the petitioner -landlord against the respondent -tenant Sri Ram Lal (since deceased) for his ejectment from the disputed shop Nos. 365 (New No. 476) and 368 (New No. 478) situated in Mohalla Kalyan Singh, Mawana Kalan, District Meerut. It is alleged that the deceased tenant Ram Lal had, during the months of March April, 1985 converted shop No. 478 into two shops by raising a pucca wall dividing it into two equal parts with the result the Municipal Board allotted two numbers to shop No. 478, i.e., shop Nos. 628 and 629 and shop No. 476 was allotted No. 626. The deceased Sri Ram Lal was tenant of the aforesaid two shop Nos. 476 and 478 on a monthly rent of Rs. 30/ -, i.e., Rs. 15/ - each shop, besides water tax for carrying on the trade of cement bags. Rent receipts were issued by the petitioner to the tenants in the name of M/s. Nihal Chand Bal Mukund.
(3.) IT is alleged by the petitioner that the deceased Ram Lal without his consent allowed one Sri Mukesh Kumar Sharma S/o Sri Kanti Prasad to occupy shop No. 628, one of the two shops carved out of old shop No. 478 (New Nos. 628 and 629). The petitioner sent notice dated 14.7.1987 to Ram Lal for his ejectment on three grounds - (i) for material alteration in shop No. 478 under his tenancy; (ii) for committing default in payment of rent of shop Nos. 476 and 478 w.e.f. 1.4.1987 to 22.8.1987 and non -payment of water -tax for about 9 years; and (iii), for sub -letting shop in his tenancy to Sri Mukesh Kumar Sharma.;