ILAM CHAND Vs. SHIV NARAYAN AGARWAL

JUDGEMENT

(1.) Heard Mr. Tapan Singh, learned counsel for the petitioners and Mr. Nikhil Singhal, learned counsel for the respondents.

(2.) Brief fact, which engages consideration in the present writ petition are that one late Lala Har Prashad, who was the father of the respondent Nos. 1 to 8, had filed a SCC suit; being a SCC Suit No. 82 of 1975, Lala Harprasad Vs. Radheyshyam and others, i.e. the predecessors of the present petitioners. The said SCC suit, which was thus preferred, the plaint averments (as contained in Annexure 1 to the writ petition), a decree was sought in the nature for eviction and recovery of arrears of rent, as prayed for therein in relation to the property, i.e. the tenement in question which was more appropriately described in the said suit, which is extracted hereunder:-

(3.) The SCC suit in question, which was instituted as back as on 09.06.1975, the same was contested by the defendants (petitioners herein), by way of filing a detailed written statement on 30.05.1977, denying the plaint averments. On exchange of the pleadings, the learned SCC Court, after considering the rival contentions of the parties to the proceedings under Section 15 of the Provincial Small Cause Courts Ac, had framed the following points of determination, to decide the controversy as raised by the parties to the proceedings:-