A.N. Dikshita, J. - (1.) THE petitioner has filed this writ petition under Art. 226 of the Constitution of India for issuing a writ of certiorari for quashing the order dated 16.12.87 passed by the respondent No. 1 in S.C.C. Revision No. 4 of 1981 and the order dated 6.9.84 passed by the respondent No. 2 in S.C.C. Suit No. 44 of 1980. Facts in a narrow compass are that the respondent No. 2 is the owner of shops situated in Katra Jhunjhunwala which are let out to different tenants. The petitioner is a tenant in one of such shop on a monthly rental of Rs. 120/ - per month since 1969. After that the rent was enhanced to Rs. 150/ - w.e.f. 1.6.78. The respondent No. 3 sent a notice dated 29.8.80 demanding the arrears of rent, water tax, house tax and also termination of the tenancy of the petitioner. Failing to comply with requirement of the notice Suit No. 44/80 was filed on 10.11.80 for the ejectment of the petitioner and for the realisation of the arrears of rent and other dues.
(2.) THE petitioner contested the suit on various grounds. It was alleged by the petitioner that the respondent No. 3 refused to accept the rent for April 1980 and thus subsequent rent which was personally tendered to respondent No. 3 by the petitioner. This rent was then sent by money order which was returned to the defendant with the endorsement of refusal. Pursuant to such refusal, the petitioner deposited the rent under Sec. 30 of the Act till October 1980. It has been alleged that a notice was issued by the Court to respondent No. 3 regarding such deposit. The petitioner later on deposited the rent w.e.f. November 1980 to March 1981 alongwith 9% interest. Thus, claiming benefit of Order 15 R.5. At a much later stage, the respondent No. 3 filed an application for striking off the defence of the petitioner. This application of respondent No. 3 was allowed and the defence of petitioner was struck off by respondent No. 2 vide order dated 13.7.81. This order striking off the defence was set aside vide order dated 21.10.81 passed by V Additional Civil Judge, Deoria in Civil Revision No. 31 of 1981 and the respondent No. 2 was directed to decide the application under Order 15 R.5 afresh.
(3.) THE respondent No. 2 vide his judgment dated 6.9.85 decreed the suit for eviction of the petitioner after striking of the defence and for the realisation of rent amounting to Rs. 900/ -, arrears of water tax amounting to Rs. 782/ - and house tax amounting to Rs. 195.50 and for Rs. 205/ - being damages for use and occupation (total Rs. 2107/ -).;