(1.) Heard Shri Nikhil Singhal, learned counsel for the petitioners and Shri Pankaj Miglani, learned counsel for the respondents.
(2.) By filing this writ petition under Article 227 of the Constitution, the petitioner prays for quashing of the impugned order dtd. 20/7/2018 passed by 4th Additional District Judge, Haridwar in SCC Revision No. 39 of 2013 and further to dismiss amendment application filed by the respondents.
(3.) Briefly stated, the facts of the present case are that petitioners, herein, being a landlord of the property, have filed a suit for eviction, for payment of arrears of rent and mesne profit against present respondents, who are his tenants, inter alia, on the ground that plaintiffs - petitioners are the trustees, who are managing the affairs of Dharamshala since 1980; the respondents are a tenant over a portion of Dharamshala at the rate of Rs.15.00 per month. Petitioners had also filed a Suit No. 15/68 earlier for payment of arrears of rent and eviction, wherein a decree for eviction was passed, however, on account of settlement arrived at between the parties, entire rent was paid to late Sri Kapil Dev, after whose death, petitioners became the landlord of the property. After the settlement in the earlier suit, the defendants - respondents again defaulted in payment of rent and the petitioners filed a SCC Suit No. 09 of 2007 and prayed for eviction, recovery of rent, mense profit etc. After completion of pleadings, the Judge presiding the Small Cause Court, framed 8 points for determination. Both the parties entered into trial and led their respective evidences. After considering the material evidence available on record and the law governing the field, the learned trial Judge decreed the suit of eviction and for payment of arrears as well as mesne profit vide judgement dtd. 17/10/2013.