- (1.) RAKESH Tiwari, J. Heard learned Counsel for the petitioner and learned standing Counsel.
(2.) THE petitioner has prayed for writ in the nature of certiorari quashing the judgment and decree dated 3-4-2006 passed by Judge Small Causes Court, Agra in S. C. C. Suit No. 226 of 1993, Sri Mohan Lal v. Smt. Alina Paul, as well as for quashing of the judgment and order dated 28-4-2007 passed by Additional District Judge/special Judge, S. C. and S. T. Act, Agra in S. C. C. Revision No. 19 of 2006, Smt. Alina Paul v. Sri Mohan Lal. A further prayer has been made in the nature of mandamus commanding the respondent not to evict the petitioner from the premises in question till the pendency of the writ petition. Briefly stated facts of the case are that plaintiff/defendant Mohan Lal is the owner and landlord of House No. 59/103-C, Ajit Nagar, Gate Kheria Road, Agra. The plaintiff/respondent instituted Suit No. 226 of 1993 on 17-11-1993 for a decree of rent and eviction and in addition to a decree for pendente lite and future damages @ Rs. 330 per month from the date of filing of the suit till the date of actual delivery of vacant possession of the property in suit.
(3.) PETITIONER/defendant claimed that she was in occupation of a portion of the aforesaid house since 1- 7-1992 which consists of one room, kitchen, latrine and bathroom @ Rs. 330 per month apart from taxes. It appears that it was claimed by the plaintiff that the petitioner was a defaulter hence a notice dated 28-9-1993 under Section 106 of T. P. Act was sent by the landlord calling upon the petitioner tenant to pay the entire arrears of rent and his tenancy was also terminated.;