Yatindra Singh, J. - (1.) THIS is the tenant's writ petition for quashing the orders dated 8.3.1996 Annexure 6 to the writ petition passed by IXth Additional District Judge, Aligarh (Respondent No. 1) and the order dated 9.2.1994 Annexure 5 to the writ petition passed by Judge, Small Causes Court, Aligarh (Respondent No. 2). The Courts below by impugned orders have decreed the suit of the landlord on the ground of denial of title of the landlord. FACTS: Smt. Shanti Devi and Respondents 3 to 7 filed a suit for ejectment against the petitioner -tenant alleging that the plaintiffs are owner and landlord of the premises in question; petitioner is the tenant; he not paid rent despite notice and should be evicted. Shanti Devi was Plaintiff No. 1 and Respondent Nos. 3 to 7 were Plaintiffs Nos. 2 to 6 in the suit. The tenant -petitioner contested this suit. He has filed a written statement2 and in paragraph 1 he has stated that the house is owned by Smt. Shanti Devi and she is receiving the rent and Plaintiffs 2 to 6 are not entitled to sue.
(2.) SMT . Shanti Devi died during the pendency of the suit. Plaintiffs 2 to 6 filed an application for amending the plaint and sought eviction of the tenant on the ground that he has denied the title of Plaintiffs 2 to 6 in the written statement. The tenant filed additional written statement. He, in paragraph Nos. 2 and 3 has stated that he has not denied the title of plaintiffs but has merely stated that Smt. Shanti Devi is the landlord as she has let out the premises and was collecting the rent from very beginning. Her name was written as owner in the receipts. It was admitted that after the death of Smt. Shanti Devi the Plaintiff Nos. 2 to 6 are the owner and landlords.3 The trial Court by its order dated 9.2.1994 held that: • the notice terminating the tenancy is valid; • the tenant has deposited the rent as stipulated under Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the Act for short) and is entitled to its protection; • the tenant has denied the title of plaintiffs -landlord; they have neither waived nor condoned the conduct of the tenant and as such the tenant is liable for ejectment. The tenant's revision has been dismissed by the order dated 8.3.1996 and the finding of the trial Court has been affirmed. Hence the present writ petition. POINTS FOR DETERMINATION:
(3.) I have heard the counsel for the parties.4 The following questions are for determination: • According to landlord tenant has denied the title in the written statement filed in the suit. Can its advantage be taken in the same suit or should the landlord has to file another suit? • Does the written statement and additional written statement amount to denial of landlord's title? Has the tenant renounced his character as such? SHOULD THE LANDLORD FILE ANOTHER SUIT:;