JUDGMENT :

1. Heard Sri Brijesh Kumar Saxena, learned counsel for the petitioner; Sri Prashant Jaiswal, learned Advocate for the opposite party nos. 2 and 3, and perused the record.

2. By means of the present writ petition the petitioner has assailed the order dated 05.05.2011 passed by the IInd Addl. Judge, Small Causes Court, Lucknow, thereby decreeing the suit of ejectment filed by the respondents.

3. The facts in brief are that the petitioner was a tenant in respect of premises situated at 253/103 Nadan Mahal Road, Yahiaganj, Lucknow at the rent of Rs. 45.00 per month. The said premises are owned by Sriman Thakurji Maharaj Virajman Thakurdwara Lal Shanker Lala Dosar Vaish Trust. The petitioner did not pay rent from July 1999 to October 2001 amounting to Rs. 1260.00 and consequently notice in this regard was also given by the respondents on 24.09.2001, but despite the notice the rent was not paid and, hence, the said suit for ejectment was filed.

4. The petitioner put in appearance before the Trial Court. It was submitted that he had in fact deposited an amount of Rs. 1500.00 towards House Tax on the aforesaid property for the benefit of the landlord in pursuance to recovery notice