MUKTESHWAR PRASAD, J.

( 1 ) THIS is landlords petition for quashing the judgment and decree dated 16. 9. 1998 (Annexure-13 to the writ petition) and judgment and decree dated 22. 7. 1997 (Annexure-9 to the writ petition) passed by respondent Nos. 1 and 2 respectively.

( 2 ) COUNTER-AFFIDAVIT and rejoinder-affidavit have been exchanged between the parties and are on record.

( 3 ) I have heard Sri Dev Raj, learned Counsel for the petitioner and Sri J. P. S. Chauhan, learned counsel for respondent No. 3 and have gone through the record carefully.

( 4 ) IT appears that the landlady filed a suit against respondent No. 3 for recovery of arrears of rent and damages and for eviction from the shop in dispute mainly on the ground that the provisions of U. P. Act No. 13 of 1972 (in short the Act) do not apply and the tenant had sub-let the disputed shop to Raghubir Singh and Raju. The tenant paid no rent w. e. f. 1. 1. 1991 and did not pay house tax also. The landlady sent a notice determining the tenancy by registered post, which was served on 16. 12. 1995. However, neither shop was vacated nor arrears of rent was paid.

( 5 ) THE tenant contested the suit on the grounds, inter alia, that the

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