SHAHBUDDIN Vs. IVTH ADDL DISTRICT JUDGE BULANDSHAHR

JUDGEMENT

(1.) The petitioners and respondent No. 4 are tenants of a shop situated in Jogipara town Debai, district Bulandshahr. The respondent No. 3 is the landlord of the same. He filed S.C.C. Suit No. 23 of 1984 against the petitioners and respondent No. 4 for eviction and for recovery of arrears of rent. The eviction was sought on two grounds ; firstly, that the petitioners have defaulted in payment of rent and secondly, that the petitioners have made material alterations in the shop in dispute.

(2.) The petitioners contested the suit and denied both the allegations. Their case is that the alterations made are not material alterations ; that they are temporary constructions ; that they were raised with the permission of the landlord and that there is also no default in payment of rent.

(3.) The J.S.C.C.. Bulandshahr has held that there is no default in payment of rent. However, it is held that the material alteration has been made in the shop in suit without the permission of the landlord and, therefore, decreed the suit for eviction and also for recovery of arrears of rent by judgment dated 19.5.1994. Annexure-1 to the petition. Against that order, the petitioners preferred S.C.C. Revision No. 54 of 1994 which has also been dismissed by respondent No. 1 by judgment, Annexure-2 to the petition on 19.12.1998. Aggrieved by that judgment, the petitioners have invoked extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.