ROSE LOCK FACTORY Vs. DISTRICT JUDGE ALIGARH

JUDGEMENT

(1.) S. P. Mehrotra, J. This writ petition has been by the petitioners, inter alia, seeking quashing of the order dated 19-9-2002 (Annexure No. 4 to the writ petition) passed by the learned Addl. District Judge, Aligarh (Respondent No. 1), and the order dated 4-2-2002 (Annexure No. 2 to the writ petition) and the order dated 30-7-2002 (Annexure No. 3 to the writ petition) passed by the learned Judge Small Cause Court, Aligarh (Respondent No. 2 ).

(2.) THE dispute relates to an accommodation in a building bearing Municipal Corporation number 11/17, Karavan Manzil Balliaqillah Upperkot, Pargana and Tehsil Koil, District Aligarh. The said accommodation has hereinafter referred to as the "disputed accommodation".

(3.) THE petitioners have not filed a copy of the plaint alongwith the writ petition. However, during the course of arguments, a copy of the plaint has been filed and the same is taken on record. It further appears that the petitioners contested the said suit by filing written statement. A copy of the written statement has been filed as Annexure No. 1 to the writ petition. In the said written statement, the petitioners admitted themselves to be the tenant of the disputed accommodation. However, they pleaded that they had no knowledge about the said property being waqf property. It was, inter alia, alleged in the said written statement that the said Suit was not cognizable by the Judge, Small Cause Court.