MOHAMMAD AZIM AND ANOTHER Vs. GOPAL SINGH

JUDGEMENT

(1.) Petitioners Mohammad Azim and Hasan Miyan, both sons of Late Puttan Khan are tenants of the shop owned by Sri Gopal Singh, son of Sri Gulab Singh (hereinafter referred to as "respondent-landlord") situate at Mohalla Kesari Singh, Pilibhit.

(2.) The petitioners are aggrieved by the judgment dated 07.08.2009, of Judge, Small Causes Court/ Civil Judge (J.D.), Pilibhit, whereby the trial court has decreed SCC Suit No.3 of 2007 filed by respondent landlord. The petitioners have been directed to vacate the shop in question and hand over vacant possession to the respondent landlord, besides paying rent/damages. The Revisional Court vide judgment and order dated 09.03.2011, passed by the Additional District Judge (Court No.2) Pilibhit, has dismissed petitioners' SCC Revision No. 15 of 2009 which order has also been assailed.

(3.) The facts giving rise to the present dispute in nutshell are, that, the shop in question as already said, was in the tenancy of petitioners along with their mother and sisters at the monthly rent of Rs.20/-. Initially, the shop in dispute was owned by Smt. Krishna Kumari, wife of Gulab Singh, mother of respondent landlord, who died on 09.10.2006. Thereafter the respondent landlord inherited ownership of the shop in question.