- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and perused the record.
(2.) THIS petition under Article 226 of the Constitution has been filed by the landlord praying for quashing of the order dated 23- 9-1999 passed by the IXth Additional District Judge, Allahabad and the order dated 27-2-1998 passed by the Judge Small Cause Court, Allahabad which have been appended as Annexures 1 and 2 respectively to the writ petition. By the order dated 23-9-1999 the IXth Additional District Judge dismissed the revision filed by the petitioner against the order of the Judge Small Cause Court dated 27-2-1998 in S. C. C. Suit No. 253/1987 dismissing the suit filed by the petitioner for rent and ejectment of the respondent. S. C. C. Suit No. 253/1987 was filed by the petitioner-landlord against the respondent-tenant Sri Lalta Prasad for his ejectment from the disputed house No. 16, Sarai Khuldabad, Allahabad and also for recovery of Rs. 540 from him as arrears of rent. The house in dispute earlier belonged to one Sri Harish Chandra Sahu and others and was purchased by the petitioner subsequently also with rights to recover the rent due upto that date. At the time the house in dispute was purchased by the petitioner arrears of rent of about two years was also due on the tenant.
(3.) BEFORE filing the aforesaid suit the petitioner served a notice dated 19-12-1985 on the respondent terminating his tenancy, but neither the arrears of rent was paid by Sri Lalta Prasad nor he vacated the house in dispute. The suit was contested by Sri Lalta Prasad by filing his written statement denying the title of the petitioner as landlord in paragraph 17 of the written statement as under : " (17) That the defendant in spite of the repeated requests did not furnish any proof of his ownership with ulterior motive nor the previous landlord of the building ever intimated to the defendant about the sale of the building. ";