SHITLA PRASAD SRIVASTAVA, J.

( 1 ) THIS writ petition, under Article 226 of the Constitution of India, has been filed by the petitioner for quashing the judgment and order dated 17. 3. 1997 passed by the Special Judge (E. C. Act ). Agra.

( 2 ) THE facts, giving rise to the present petition, in brief, are that a J. S. C. Suit No. 124 of 1993 was filed by the respondent. Murari Lal Goyal, against the petitioner for eviction of the petitioner from the shop in question on the ground that the petitioner has made material alteration in the shop in question. The petitioner contested the suit by filing written statement on the ground that the shop in question is under the tenancy on a monthly rent of Rs. 300, that liability of paying house tax is not on the petitioner ; that uptodate rent has been deposited in the court under Section 30 (1) of Act No. X11i of 1972. that there was no new material alteration in the shop in question and as the petitioner has deposited the rent, he is entitled to the benefit of section 20 (4) of the Act ; that the suit is not maintainable at the instance of the plaintiff alone and the value and utility of the shop in question was increased by alteration made b

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