LAWS(ALL)-2000-9-47

OM PRAKASH Vs. II ADDL DISTRICT JUDGE SAHARANPUR

Decided On September 07, 2000
OM PRAKASH Appellant
V/S
II ADDL. DISTRICT JUDGE, SAHARANPUR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel appearing for the contesting respondents.

(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and order dated 5.3.1999, whereby the revision filed by the contesting respondents was allowed by the revisional court and the suit for ejectment was decreed.

(3.) It appears that respondent Nos. 3 and 4 filed a suit for ejectment and recovery of rent on the ground of default and material alteration diminishing the value of the building in question. The suit was contested by the defendants-petitioners, who filed their written statements controverting the facts stated in the plaint and pleading that they were not the defaulters nor they have made any material alteration which diminished the value of the building. It was also pleaded that they were entitled to the benefit of sub-section (4) of Section 20 of the U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972), (for short the Act). Several other pleas were also taken to defend the suit.