GODAWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners are aggrieved by three orders. The first is dated 03.01.1985 (Annexure-1 to the writ petition) passed by Small Cause Court, Kanpur in SCC Suit No. 2489 of 1972 rejecting defendants' (petitioners') Application No. 144/C seeking adjournment on the ground of illness of one of defendants and proceeding ex parte. The second is ex parte judgment of Trial Court, dated 03.01.1985 (Annexure-2 to the writ petition), decreeing the aforesaid suit for eviction of defendants-tenants from accommodation in dispute and also decreeing recovery of arrears of rent/damages etc. The third judgment and order is dated 14.12.1989 (Annexure-6 to the writ petition) passed by VIth Additional District Judge, Kanpur Nagar, dismissing tenant petitioners' SCC Revision No. 20 of 1985.

(2.) The dispute relates to a portion of House No. 105/731, Gandhi Chowk, Gandhi Nagar, Kanpur (hereinafter referred to as the "disputed accommodation") which is a residential accommodation. A portion of second floor of the said house was/is in the tenancy of petitioners. The respondent no. 4, Sri Gopi Nath (now deceased and substituted by his legal heirs) and respondent no. 5, Pyare Lal Gupta (also now deceased and substituted by his legal heirs) were landlords and owners of building in dispute while Smt. Godawari Devi (now deceased and substituted by her legal heirs) and Smt. Geeta Devi, were initially tenants in a portion of second floor of disputed accommodation.

(3.) The landlords filed SCC Suit No. 2489 of 1972 in the court of Small Cause, Kanpur for ejectment of tenants from accommodation in question and also for recovery of arrears of rent and damages. The plaint case set up by landlords is that rent is due since January, 1969 and despite service of notice dated 17.08.1972, neither rent has been paid nor the premises has been vacated and tenancy having been determined, the tenants are liable for eviction.