S.U.KHAN, J. - (1.) HEARD learned Counsel for the parties.
(2.) RESPONDENT Nos. 3 and 4 Nalini Ranjan Srivastava and Durgesh Kumar Srivastava claiming to be landlords of the accommodation in dispute in which petitioner is tenant, instituted suit for eviction against petitioner in the form of SCC Suit No. 11.8 of 1995 before Judge Small Causes Court, Allahabad. Eviction was sought on the ground of default alongwith recovery of arrears of rent. Suit was decreed by JSCC, Allahabad on 22.5.1998. Against the said judgment and decree petitioner filed SCC Revision No. 778 of 1998. 1st Additional District Judge, Allahabad dismissed the revision on 11.2.1999 hence the writ petition. Accommodation in dispute was. let out to the petitioner in 1957 by Amar Nath Srivastava who was un -disputed owner -landlord of the accommodation in dis ­pute. The rate of rent is Rs. 100/ - per month. The following pedigree may be helpful for understanding the devolution and dispute of landlordship: - A.M. Srivastava Kailash Nath Srivastava died on 9.2.1994 Shalini Ranjan died issueless on 18.6.1992 Nalini Ranjan Durgesh Kumar After the death of original landlord A.N. Srivastava, his son Shalini Ranjan became undisputed landlord and realised the rent of, the accommoda ­tion in dispute. Shalini Ranjan died unmarried on 18.6.1992. I Thereafter Kailash Nath Srivastava real brother of A.N. Srivastava was paid the rent. K.N. Srivastava died in February/March, 1994. After the death of K.N, Srivastava, one of his sons Nalini Ranjan - respondent No. 3 was paid the rent for the month of February 1994 and April to July 1994.
(3.) AFTER the death of Shalini Ranjan, the petitioner had started deposit ­ing the rent under section 30 (2) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The case was registered as Misc. Case No. 154 (A) of 1993 on the file of Munsif (West), Allahabad. The said case was instituted on 20.5,1993. However, afterward K.N. Srivastava produced a cer ­tificate issued by Tehsildar that he was legal heir of late A.N. Srivastava and Shalini Ranjan. Thereafter, rent was paid to K.N. Srivastava. According to the case of the petitioner on 14.9.1994 one Arun Kumar Dwivedi sent a notice to the petitioner intimating that late Shalini Ranjan had executed a will in his favour. Copy of the said notice and will is Annexure -5 to the writ petition. It has also been stated that petitioner received two more notices of Arun Kumar Dwivedi, the last one being dated 24.3 1995 copy of which is Annexure -6 to the writ petition. A.K. Dwivedi was residing just adjacent to the house in dispute and it is also stated by the petitioner that he had started encroaching upon part of the tenanted property and, a First Information Report was also lodged by the petitioner against Shri Dwivedi on 21.10.1994.;