V.K.SHUKLA, J. - (1.) THIS is tenant's petition questioning the validity of the order dated 15.2.2003 passed in JSCC Suit No. 17/95 as affirmed on 28.7.2008 in JSCC Revision No. 6 of 2003 by Additional District Judge Varanasi.
(2.) BRIEF background of the case is that petitioner is tenant of building No. K-65/74-A-1 of Mohalla Gola Dina Nath Bahari, Varanasi Nagar, District Varanasi. JSCC suit being JSCC Suit No. 17 of 1995 was filed by Ram Avtar Seth father of respondents. In the said suit petitioner entered appearance and filed his written statement. Said JSCC suit was decided on 15.2.2003 and rate of rent inter se landlord and tenant fixed was found at the rate of Rs. 15 per month. Against the said order petitioner filed JSCC Revision No. 6 of 2003 and said Revision has also been dismissed. At this juncture present writ petition has been filed. Sri D.K.S. Rathor, learned counsel for the petitioner contended with vehemence that in the present case without there being any lawful foundation and basis perverse finding of fact has been returned that petitioner is in arrears of rent whereas deposits were being made under Section 30 of U.P. Act No. XIII of 1972 on refusal being made as such writ petition in question deserves to be allowed.
(3.) COUNTERING said submission Sri H.V. Shastri, Advocate contended that on admitted position there is default on the part of the petitioner as such suit of ejectment has rightly been decreed as such writ petition deserves to be dismissed.;