MOHD NAIME Vs. KAMLA DEVI

JUDGEMENT

(1.) Heard counsel for the Petitioner and perused the record. By means of this writ petition, the Petitioners have prayed for quashing of the order dated 15.2.2011 in SCC Revision No. 71 of 2010 passed by the Additional District Judge, Court No. 15, Kanpur Nagar whereby he has set aside the order dated 14.7.2010 in SCC Case No. 222 of 2000 remanding the matter back to the trial Court for deciding afresh in accordance with the observations made in the body of the judgment.

(2.) Brief facts of the case are that the Petitioners are landlords of House No. 98/182-C, Kallu Mall Ka Bagicha Lala Road, Bekanganj City, Kanpur and the Respondent is tenant of a room at the rate of Rs. 50/- per month in addition to water tax and sewer tax etc. on ground floor of aforesaid house No. 98/182-C.

(3.) Smt. Baso Begum, mother of the Petitioner filed SCC suit No. 222 of 2000 for arrears of rent and ejectment against the Respondent on the ground of default in payment of rent. She died during the pendency of the case. A notice was sent by the Petitioner to the Respondent in which it has been stated that rent from 1.3.1993 to 31.1.2000 i.e. Rs. 4,156/- and Rs. 347/- tax etc. are due which have not been paid. The tenant was instructed to pay the aforesaid amount within 30 days from the date of receipt of the notice but she has not paid the aforesaid amount.