Sudhir Narain, J. - (1.) This writ petition is directed against the Judgment and decree dated 2.2.1996 passed by the Judge. Small Causes Court, respondent No. 2, decreeing the suit for recovery of arrears of rent, ejectment and damages against the petitioner and defendant-respondents and the order of revisional court dated 22.7.1998 affirming the said judgment in revision.
(2.) Keshav Kinkar Narain Singh, the husband of respondent No. 4, filed S.C.C. Suit No. 891 of 1977 against the petitioner and the defendants for recovery of arrears of rent, ejectment and damages on the allegation that the father of the petitioner, Mahlpal Singh, was tenant of the house in dispute at monthly rent of Rs. 50. The defendants fell in arrears of rent and house and water tax since 1.1.1975. A notice of demand dated 27.6.1977 and termination of their tenancy was sent but in spite of service of notice it was not complied with. The defendants sublet the accommodation to Devendra Kumar Singh and Rajendra Singh, defendant Nos. 8 and 9, and on this ground they were liable for eviction.
(3.) The petitioner filed written statement denying that any default was committed. He claimed that the amount was paid towards house tax and that was liable for adjustment and if that amount was taken into account, he was not in arrears of rent for more than three months on the date of service of notice. It was denied that the accommodation was sublet to Devendra Kumar Singh and Rajendra Singh.;