SHISHIR KUMAR,J - (1.) HEARD Syed Wajid Ali, learned counsel for the petitioner and Sri Salil Kumar Rai, holding brief of Sri B.K. Tripathi, learned counsel appearing for the respondent.
(2.) THE present writ petition has been filed for quashing the orders dated 28.5.09 passed by Additional District & Sessions Judge, Court No.3, Gorakhpur in S.C.C Revision No.1 of 2008, Annexure No.4 and order dated 18.12.2007 passed by Judge, Small Causes Court, Gorakhpur in S.C.C Suit No.29 of 2005, filed as Annexure No.3 to the writ petition. The facts emerged in the writ petition are, that the respondents filed a suit before the Judge, Small Causes Court, as suit No.29 of 2005 against the petitioner for ejectment and arrears of rent amounting to Rs.3000/-. The petitioner filed a written statement denying the ownership of the respondents on the ground that the property belongs to one Ram Das Gupta and after his death, his wife became landlady of the premises in question and during her lifetime, Smt. Sudhan Devi and her son Srinath used to take the rent from the petitioner. A Will was executed on 21.2.1993 in her favour by husband, Sri Ram Das Gupta and subsequently, Smt. Sudhan Devi has also executed a Will dated 12.10.1996 in favour of her son, Srinath regarding the house in dispute. The rent was being paid to him. Subsequently, when he refused to take his rent, it was being deposited in the Court under Section 30 of the U.P. Urban Building ( Regulation of Letting Rent & Eviction) Act, 1972 ( hereinafter referred to as Act No.13 of 1972).
(3.) THE trial court without considering this issue, was pleased to decree a suit vide its judgment and order dated 18.12.2007. The revision filed by the petitioner has also been dismissed vide its order dated 28.5.2009.;