Surya Prakash Kesarwani, J. - (1.) Heard Sri Sanjay Agarwal holding brief of Sri Diwakar Singh, learned counsel for the defendant-petitioner and Sri Rajesh Tripathi, learned counsel for plaintiffs-landlords/ respondents.
(2.) This petition has been filed under Article 227 of the Constitution of India praying for the following relief: "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the order dated 21.04.2008 passed by the trial court striking of the defense and the order dated 22.10.2009 passed by Judge Small Cause, Hathras in SCC Suit No.21 of 2000 (Thakur Krishna Chandra Ji Maharaj and another Vs. Gaya Prasad) and the order dated 28.10.2017 passed by Additional District Judge, Court No.1, Hathras in SCC Revision No.20 of 2009 (Gaya Prasad Vs. Thakur Krishna Chandra Ji Maharaj and Anr), otherwise the defendant-petitioner shall suffer irreparable loss and injury. And/ Or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case."
(3.) Briefly stated facts of the present case are that the plaintiff respondent No.1 had let out the disputed accommodation to the defendant-petitioner under a rent agreement dated 22.07.1985. The monthly rent was Rs.500/-. The defendant-petitioner was paying rent to the plaintiff-landlord/ respondents till 04.08.1999. Thereafter, he defaulted in payment of rent. Consequently, notices were issued by the plaintiffs-landlords/ respondents to the defendant-tenant/ petitioner. The last notice dated 06.07.2000 was sent by registered post to the defendant-tenant/ petitioner, which was served upon him by refusal. The aforesaid notice was replied by the defendant-petitioner, through his counsel Sri O.P. Dixit by reply dated 29.07.2000. Since the disputed accommodation was not vacated and arrears of rent were not paid by the defendant-tenant/ petitioner and as such the plaintiffs-landlords/ respondents filed SCC Suit No.21 of 2000 (Thakur Krishna Chandra Ji Maharaj Virajman Mandir Bag Beniram Maindu Road Hathras through Manager Sri Durga Pasad and another Vs. Sri Gaya Prasad) for eviction of the defendant-tenant/ petitioner. The defendant-tenant/ petitioner had not complied with the provisions of Order XV Rule 5 C.P.C., therefore, his defense was struck off vide order dated 21.04.2008. In his written statement, the defendant-tenant/ petitioner has admitted himself to be tenant and the plaintiff to be the landlord. Yet, he took the stand that the disputed accommodation is owned by him and as such he is not liable to pay any rent. The aforesaid SCC suit was decreed by judgment and decree dated 22.10.2009 passed by the Judge Small Cause Court, Hathras. Aggrieved with this judgment, the defendant-tenant/ petitioner filed SCC Revision No.20 of 2009 (Gaya Prasad Vs. Thakur Krishna Chandra Ji Maharaj and Anr), which has been dismissed by the impugned judgment dated 28.10.2017 passed by the Court No.1, Hathras. Aggrieved with these two judgments as well as the order dated 21.04.2008 striking off the defense, the defendant-tenant/ petitioner has filed the present petition under Article 227 of the Constitution of India. Submissions:;