PERVEZ ALAM ALIAS IMRAN Vs. DISTRICT JUDGE

JUDGEMENT

(1.) These four connected writ petitions have been filed by four petitioners arising out of common order passed by the revlsional court on 18th May, 2001 (Annexure-22 to the petition). The revisional court has consolidated revision of four S.C.C. suits which have been decreed by Judge Small Causes Court by judgment and decree dated 27th February, 2001. The petitioners, who are the tenants, are aggrieved by the aforesaid judgment and decree.

(2.) The facts leading to the filing of petition are that the contesting respondent purchased four accommodations in dispute by its owner by registered sale deed, thereafter he served notice informing them that he is the landlord. The service of notice is not disputed. The notice has been served by the landlord wherein it has been stated that these tenants are in arrears of rent and if they do not pay rent after receipt of notice, they would be liable to be evicted. It appears that petitioners-tenant have disputed the liability of payment of rent and also right of the landlord to file ejectment suit against these four petitioners on the ground that erstwhile owner had appointed one power-of-attorney holder who collected money from these tenants for sale of the respective tenements and they are owner in their independent capacity and contesting respondent cannot evict them as there is no relationship of landlord and tenant. The suit was filed and contested by the petitioners. The trial court framed issues including the issue as to whether there is a relationship of the landlord and tenant, i.e., between the petitioners and contesting respondent and whether the suit is liable to be decreed as same has been filed after terminating the tenancy and other issues.

(3.) I have heard Shri K. N. Tripathi, Shri A. N. Sinha in support of these petitions and Shri S. M. Dayal. who appears for the contesting respondent-landlord.