HAMIDULLAH Vs. LAXMI PRASAD

JUDGEMENT

(1.) Heard Sri Q.M. Haque learned counsel for the petitioners and Ms. Deepti Gupta learned counsel for the opposite parties.

(2.) This is a petition filed under Article 227 of the Constitution of India assailing the order passed by the revisional court below on 19.3.2021 whereby the application i.e. 30Ka/2 for substitution of the legal heirs of one of the respondents in the revision who was defendant no. 6 in the miscellaneous case filed under Section 21(1)(a) of the U.P. Act No. 13 of 1972(hereinafter referred to as the Act) has been allowed under Order 22 Rule 4 C.P.C.

(3.) Facts in brief are that a Misc. Case No.1/2016 for eviction of tenants under Section 21(1)(a) of the Act was filed before the court below impleading six defendants. The defendant no. 1 was the original tenant whereas the defendant nos. 2 to 6 were the legal heirs of the deceased original joint tenant Samiullah who was the real brother of the defendant no. 1. The tenancy originally was admittedly joint. Thus, all the co-defendants were joint tenants of the shop in dispute. A written statement jointly filed on 5.2.2016 by all the defendants is also on record. Thereafter, an application for amendment i.e. Ka-3 was filed by the plaintiffs. In response to this application, all the defendants are stated to have filed their objections jointly on 7.3.2018 as is evident from paragraph 7 of the present petition. The amendment application came to be rejected by order dated 16.10.2018 which is contained as anneuxre 6 but at the relevant point of time one of the defendants namely defendant no. 6(Smt. Ammunnisa) had died.