Mahendra Dayal, J. - (1.) I have heard Shri Shesh Verma, learned counsel for the petitioner and Shri Manoj Dubey, learned counsel for the respondents and also perused the record.
(2.) The tenant-petitioner having lost from both the courts below, has preferred this writ petition for quashing of the judgment and order dated 14.9.2001, passed by the Judge, Small Causes Lucknow and the judgment and order dated 28.10.2006, passed by the Additional District Judge, Lucknow in SCC Revision No. 126 of 2001.
(3.) The respondent no.3 (since deceased) filed a suit for ejectment and arrears of land against the petitioner with the allegation that he was landlord in respect of two kotharies, in which the petitioner was tenant. According to him the portion under occupation of the petitioner was allotted to him under family settlement. The petitioner was tenant in respect of two kotharies on monthly rent of Rs. 20/-. The petitioner failed to pay rent with effect from 1.7.1972 and till 31.12.1972 he fell into arrears of rent amounting Rs. 118/-. A notice demanding arrears of rent and terminating tenancy was issued on 6.8.1973, which the petitioner wilfully did not accept. Thereafter another notice demanding arrears of rent was sent on 13.11.1975 which was served upon the petitioner on 27.11.1975. The petitioner inspite of receiving the notice, neither paid the rent nor vacated the premises in his occupation. Till the time of filing suit a sum of Rs. 938/- became due but since the rent with effect from 1.7.1972 to 31.5.1973 became barred by limitation therefore the respondent no.3 claimed only Rs. 720/- as arrears of rent.;