Hon’ble Rajes Kumar, J.—This writ petition is by the landlord, challenging the order of the Judge, Small Causes Court, Bulandshahar dated 8.12.2004 passed in Small Cause Case No. 25 of 1999 by which he has rejected the suit of the petitioner and the order of the Additional District Judge, Bulandshahar dated 23.10.2003 by which the revision filed by the landlord has been dismissed.

2. The brief facts giving rise to the present writ petition are that the petitioner had let out two shops, situated at Mohalla Brahmnan Khurja on the rent of Rs. 750/- per month to late Kashi Ram. When late Kashi Ram could not pay the rent after 1.8.1996, despite the repeated requests, the petitioner given notice dated 8.3.1997 under Section 106 of the Transfer of Property Act (hereinafter referred to as the “Act”) for arrear of rent, damages and eviction from the premises which has been served upon late Kashi Ram on 14.3.1997. Late Kashi Ram given the reply of the notice. Neither rent has been paid nor the premises has been vacated. Kashi Ram died on 25.5.1997 and after the death of Kashi Ram his heirs who are defendant-respondents in the present writ petition came in possession of the shops in d