- (1.)Heard Sri Kailash Nath Kesharwani, learned counsel for the petitioner and Sri Anil Kumar Sharma, learned counsel for the respondents. Since pleadings are complete, as requested and agreed by learned counsel for the parties, I proceed to decide the matter under the Rules of the Court at this stage.
(2.)The petitioner is a tenant in the premises i.e. second and third storey of a house situated at Mohalla Akalganj, District Etawah. S.C.C. Suit No.33 of 1987 was filed by respondent in the Court of Judge, Small Causes, Etawah vide plaint dated 10.8.1987 alleging that petitioner-tenant has committed default in payment of rent since 1st May, 1976 till date. A registered notice was issued on 17/18.2.1987 demanding rent and terminating tenancy. The notice was served upon the petitioner-tenant on 21.2.1987. He replied by advocate's notice dated 9.3.1987 denying the very ownership of respondent on the premises in question and disputed relationship of landlord and tenant. Another notice was served upon petitioner vide registered letter dated 21.3.1987 terminating his tenancy on the ground of denial of ownership and the said notice was also served on 23.3.1987.
(3.)Though the tenant was alleged to be in default of payment of rent since 01.5.1976 but in the suit filed, the arrear of rent was claimed only for the preceding three years. The relief of eviction of tenant was also sought. The suit was registered issuing notice fixing 25.9.1987.