VIVEK KUMAR BIRLA,J. - (1.) Heard Sri Kshitij Shailendra, learned counsel for the petitioners.
(2.) Present petition has been filed for quashing the judgment and order dated 12.12.2011 passed by the Additional Civil Judge (Senior Division)/Judge, Small Causes Court, Moradabad in SCC Suit No. 3 of 1998 (Harish Chandra v. Ram Niwas and another) as well as judgment and order dated 28.7.2017 passed by Additional District Judge, Court No. 8, Moradabad in SCC Revision No. 2 of 2012 (Ram Niwas and another v. Harish Chandra).
(3.) Suit for rent and ejectment was filed by the landlord-respondent against the tenant-petitioner on the ground that he is the owner of the shop in question situate at Bazar Kot Purvi Nagar, Tehsil Sambhal, Moradabad. It was asserted that the property was purchased by him by registered sale deed dated 21.8.1997 from Vidyadhar and that the shop was constructed in the year 1987 and therefore, the provisions of the Act 13 of 1972 are not applicable in the present case. A notice dated 26.12.1997 terminating the tenancy was given that the tenant was given the shop on rent in question @ Rs. 500/- per month plus house tax and water tax and that the tenancy starts monthly from 22nd of the month and that after 20.9.1997 till 21.12.1997 the rent was not paid by the tenant, which he refused to accept and the same was returned with the endorsement of refusal and thereafter, the present suit was filed. The suit was decreed vide judgment and order dated 12.12.2011 by the trial court and the revision filed by the tenant against the same was also dismissed vide order dated 28.7.2017.;