(1.) It is a tenants' writ petition. The landlord instituted SCC Suit No. 82 of 2002 for eviction of Sri Mohd. Basheer, tenant (now deceased and substituted by legal heirs, i.e., petitioners) on the ground of default in payment of rent, i.e., a ground under Sec. 20(2)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972").
(2.) The tenants raised a dispute regarding rate of rent and claimed that it was actually Rs. 16/- and not Rs. 22.00, as claimed by landlord. The Trial Court recorded a finding of fact about rate of rent and found that it was Rs. 22.00. The said finding has been confirmed by Revisional Court also. The suit has been decreed by Trial Court vide order dated 01.05.2006 and petitioners' Revision No. 353 of 2006 has been dismissed vide judgment dated 30.10.2012.
(3.) Learned counsel for the petitioners submitted that rate 2 of rent was actually Rs. 16/- and the findings recorded by courts below are incorrect.