Hon’ble Prakash Krishna, J.—This is landlord’s petition filed against the judgement and order dated 29th of October, 1988 passed by the First Additional District Judge, Moradabad in SCC Revision No. 11 of 1982 whereby the Court below has remanded the case to the Court of JSCC with specific direction to decide whether a single suit in respect of two tenements was maintainable on the basis of single notice in the present case.

2. The case has a chequered history and was remanded twice by the revisional Court to the trial Court and thus, the litigation which was initiated in the year 1981 is still surviving.

3. The petitioner is, admittedly, landlord of house No. 47/A-9 situate in Mohalla Banbataganj, District Moradabad. The said accommodation consists of one room, latrine, Verahanda on the ground floor and one room on the first floor, of which the respondent No. 3 (who died during the pendency of the writ petition) was the tenant on a monthly rent of Rs. 37/-. The SCC suit No. 207 of 1981 was instituted for the ejectment of respondent No. 3 (hereinafter referred as the tenant) on the ground that he is in arrears of rent since 1st of January, 1981 and has failed to pay the same