MANOJ MISRA,J. - (1.) Heard learned counsel for the petitioners and perused the record.
(2.) This is a defendant's/tenant's petition against the judgment and decree dated 16.09.2013 passed by the Judge Small Causes, Jhansi in S.C.C. Suit No.55 of 2005 and the judgment and order dated 13.02.2017 passed by the Additional District Judge, Court No.3, Jhansi in S.C.C. Revision No.88 of 2013.
(3.) S.C.C. Suit No.55 of 2005 was instituted by the plaintiff-respondent for arrears of rent and eviction of the defendant-petitioner by claiming that the disputed accommodation was taken by the defendant on rent upon executing a rent agreement dated 21.09.1990 for a period of eleven months and as there was default in payment of rent, a Suit No.4 of 2000 was instituted which was decreed on 06.12.2000. Where after, Execution Case No.4 of 2001 was filed. It was stated that the defendant had not paid rent since 16.12.2000 and, therefore, by a notice dated 30.08.2005 the arrears of rent was demanded and the tenancy of the defendant was terminated but, despite notice, neither arrears were paid nor the premises vacated.;