INDER KAUR & OTHERS Vs. RAKSHA MITTAL

JUDGEMENT

(1.) By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned judgment and order dated 11.05.2006, passed by Judge, S.C.C., Civil Judge, Junior Division, Dehradun, in Small Cause Suit No. 22 of 2000, Smt. Raksha Mittal Vs. Smt. Inder Kaur, as well as judgment and order dated 17.07.2013, passed by revisional court in Small Cause Revision No. 14 of 2006, Smt. Inder Kaur Vs. Smt. Raksha Mittal.

(2.) Briefly stated the facts giving rise to this writ petition are that respondent/plaintiff filed a suit against the petitioners for recovery of rent and ejectment, which was registered as S.C.C. suit No. 22 of 2000, on the ground of default in payment of the arrears of rent as well as encroachment upon the vacant land by constructing a kitchen and bathroom on said land and also recovery of possession over the tenanted accommodation. The tenancy of petitioners was terminated vide notice dated 29.05.2000, whereby arrears of rent was also demanded.

(3.) The suit was contested by the petitioners/tenant, by filing written statement. It was alleged in the written statement that they are not defaulters in payment of rent since a portion of the land in dispute was vacant and in a ruinous condition and the defendants were in need of a kitchen and bathroom, therefore, defendants had requested the plaintiff and thereafter the defendants had taken possession of said land and carried out repairs.