A.K. Yog, J.

Mohd. Tayyab/Petitioner, is the tenant of a shop situate at Chakrata Road, Panditwari, near I. M. A. Dehradun (called "the shop") at the rate of Rs. 900 per month belonging to Siriram Gupta/respondent No. 2, who happens to be his landlord.

2. SIRIRAM Gupta, landlord, served notice dated 17th August, 1992 (Annexure-1 to the Writ Petition) on 24-8-1992 and filed J. S. C. Suit No. 71 of 1992 (SIRIRAM Gupta v. Mohd. Tayyab), claiming eviction as well as for arrears of rent against Defendant-tenant/petitioner on the ground that he did not pay arrears of rent inspite of notice being served on 24th August 1992. Copy of Plaint of said J. S. C. suit has been filed as Annexure-2 to the writ petition.

Suit was contested by Defendant-tenant by filing written statement (An-nexure-SA-1 to the Supplementary Affidavit-1). Both the Plaintiff and Defendant led oral evidence in support of their respective cases. Perusal of Para 1 of the written statement (Annexure- SA-1) indicates that Defendant accepted landlord tenant relationship and applicability of the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972, U.P. Act No. XIII of 1972 (for s