Mrs. Sunita Agarwal, J. –

Heard learned counsel for the petitioner and perused the record.

2. This writ petition under Article 226 of the Constitution of India has been filed to challenge the decree of eviction passed by the Civil Court namely Judge Small Causes Court in a suit for eviction and recovery of arrears of rent.

3. The defendant objected to the maintainability of the suit on the ground that the plaintiff is not the owner of the suit property rather it belongs to a Waqf. There was no landlord-tenant relationship between them.

4. On the question of notice, he had denied the service. The suit was filed after sending a notice dated 20.5.2006 which was returned on 31.5.2006 with the endorsement "avoided". The notice upon the defendant No.2 was served. Despite the said notice, rent was not paid to the landlord and, therefore, the eviction suit was filed. The rent from 11.12.2003 till 30.6.2006 was found in arrears on the date of notice. On the issue of landlord-tenant relationship, it was recorded by both the Courts below that in the Municipal Assessment Record, the suit property was recorded in the name of the original owner. There is no entry of Waqf. The plaintiff have