RAM MANOHAR TOMAR Vs. HARCHARAN LAL MEHROTRA

JUDGEMENT

(1.) Heard Counsel for the parties and perused the record. This writ petition has been filed for quashing the order dated 21.4.2010 passed by the District Judge, Firozabad in SCC Revision No. 3 of 2010 and SCC Revision No. 4 of 2010 and also for quashing the judgment and order dated 17.3.2010 passed by the Judge Small Cause Court/Civil Judge (JD), Shikohabad district Firozabad in SCC suit No. 9 of 1995.

(2.) The facts as enumerated from the record are that Sita Ram Tomar, father of the petitioners was tenant in the shop in dispute being shop No. 389 on monthly rent of Rs. 25/-. After his death tenancy devolved upon two sons namely Ram Manohar Tomar and Shyam Manohar Tomar and as well as his daughter Smt. Suman Tomar who are petitioners in the instant writ petition. The case of the plaintiff in the Court below was that the shop in question was quite old and roof of the shop was covered by Kardi and mud. The petitioners have placed bricks over the roof and plastered the same by cement making pucca construction; that the western wall of the first part of the shop was replaced by new Almirahs and that the aforesaid change has resulted into substantial alteration in the shop in dispute by which not only roof has not only been damaged but they have substantially weaken the construction.

(3.) The landlord served notice dated 9.8.1985 determining the tenancy that the tenant neither vacated the shop nor paid the rent and thereafter the plaintiff compelled the landlord to file SCC suit No. 9 of 1995. The suit was contested by the petitioner-defendants by filing written statement as well as by filing additional written statements. On an application moved by the plaintiff/landlord, Amin was directed to inspect the disputed shop in question and to submit his report. Consequently, Amin submitted his report on 27.2.1996 after inspection which is appended as Annexure No. 5 to the writ petition.