S. P. MEHROTRA, J.

( 1 ) THE present Writ Petition has been filed by the petitioner (defendant) under Articles 226/227 of the Constitution of India, inter-alia, praying for quashing the judgment and order dated 26-10-2002 (Annexure 8 to the Writ Petition) passed by the learned Additional District Judge, court No. 9, Moradabad in S. C. C. Revision No. 53 of 1998.

( 2 ) THE dispute relates to a shop situate in Bazar Gher Munaf, Amroha, District Moradabad, the details whereof are given in the plaint of the Suit referred to hereinafter. The said shop has, hereinafter, been referred to as "the disputed shop".

( 3 ) FROM a perusal of the averments made in the Writ Petition and the Annexures thereto, it appears that the respondent (plaintiff- landlord) filed a Suit for eviction, arrears of rent and damages etc. against the petitioner (defendant) in respect of the disputed shop.

( 4 ) IT was, inter-alia, alleged by the respondent (plaintiff-landlord) in the said Suit that the disputed shop was the property of Waqf, and the petitioner (defendant) had been in occupation of the disputed shop as tenant at a monthly rent of Rs. 43,75 paisa besides water tax and house tax; and that rent for the

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