1. Heard Sri P.K. Mishra, learned counsel for the petitioner and Sri Rahul Sahai, learned counsel appearing for respondent.

2. This is a tenant's writ petition. The suit for ejectment filed by respondent-plaintiff, i.e., SCC Suit No. 19 of 2000 seeking ejectment of petitioner-tenant from accommodation in question (a shop) was decreed by Trial Court, i.e., Khafifa Civil Judge (Junior Division), Mathura vide judgment dated 04.04.2002 and the said decision stood confirmed pursuant to dismissal of petitioner's SCC Revision No. 12 of 2002 by District Judge, Mathura vide judgment dated 29.08.2002. The petitioner has assailed these two judgments.

3. Learned counsel for the petitioner admits that before courts below it has never been disputed that property in dispute does not belong to plaintiff-respondent and petitioner is not tenant of said plaintiff. However, for the first time before this Court he intend to raise a pure question of fact that property in dispute does not belong to plaintiff-respondent and my attention was drawn to the pleadings in this regard made in para 2-E of the writ petition.

4. It cannot be disputed that this is a question of fact sought to be rais