HAKEEM AHMAD Vs. HAJI BUNDU HASAN DEAD

JUDGEMENT

(1.) Heard Sri B.P. Singh, learned Senior Counsel along with Sri Vivek Kumar Singh for the petitioner and Sri Ravi Kiran Jain, learned Senior Counsel along with Sri R.K. Awasthi, learned Counsel for the respondents. The present writ petition is directed against the concurrent orders passed by the two Courts below decreeing the SCC Suit No. 57 of 2002 for recovery of arrears of rent, damages and ejectment etc. in respect of the property described at the foot of the plaint. The suit was instituted by Haji Bundi Hasan (who has died during the pendency of the suit) on the allegation that the property in dispute was let out to the petitioners tenants under a registered lease deed for a period of ten years. The period of ten years has expired in the year 2000. It was instituted after terminating the tenancy by giving a notice under section 106 of the Transfer of Property Act.

(2.) In reply, the petitioners came out of the case that the provisions of the U.P. Act No. 13 of 1972 are applicable, disputed question of title is involved and therefore, the plaint is liable to be returned under section 23 of the Provincial Small Causes Courts Act, notice was not served and in any case, the deposit having been made under section 114 of the Transfer of Property Act, the petitioners be relieved from the eviction decree.

(3.) The parties led evidence in support of their respective cases.