Sangeeta Chandra, J. - (1.) This petition has been filed by the tenant challenging the order dated 26.2.2018 passed by the Additional District Judge, Court No. 16, Allahabad in Misc. Appeal No. 48 of 2016 (Gopal Krishna Rai Vs. Smt. Kamla Devi).
(2.) The facts as are relevant for the decision of the controversy are that initially an Original Suit No. 305 of 1980 (Shyama Rai Vs. Ram Lakhan) was filed by the mother of the respondents (now deceased) for ejectment, arrears of rent and damages for use and occupation by Ram Lakhan (now deceased) - the father of the petitioners of the shop situated at Plot No. 78 Baroodkhana, Tiliarganj Allahabad.
(3.) It was alleged that Ram Lakhan was a tenant of the shop in question at the rate of rent of Rs. 30/- per month which rent was not being paid by him since 1979, despite service of notice, hence he was liable for eviction.;