HAZRA BANO Vs. XVTH ADDL. DISTRICT JUDGE LUCKNOW

JUDGEMENT

(1.) In this writ petition on 09.12.2013 following order was passed on the order sheet:

(2.) This is landlords' writ petition, who have filed suit for eviction against opposite parties No.3 & 4, Mustafa Husain and Bashiruddin in the form of S.C.C. Suit No.409 of 1987, Smt. Hazara Bano and others Vs. Mustafa Husain and others. Defendant No.1/ opposite party No.3 filed an application before the J.S.C.C., Lucknow in the suit under Section 23 of Provincial Small Cause Courts Act stating therein that complicated question of title was involved and praying that the plaint must be returned for filing before regular civil court. J.S.C.C., Lucknow rejected the application through order dated 30.09.1997. Against the said order, Mustafa Husain, defendant No.1/ opposite party No.3 filed S.C.C. Revision No.138 of 1987. XV A.D.J., Lucknow allowed the revision through judgment and order dated 20.02.1998, set aside the order of the trial court, allowed the application of defendant No.1 and directed the J.S.C.C. to return the plaint for filing before competent court. The order of the revisional court has been challenged by the landlords through this writ petition.

(3.) According to petitioners, late Sri Mohammad Bux, husband of landlady petitioner No.1 and father of landlords, petitioners No.2 to 14 purchased the shop in dispute through registered sale deed dated 16.05.1986 from Maharaja Kunwar Mohd. Amir Haider Khan (hereinafter referred to as Marharaja K.M.A.H. Khan); since before the execution of the sale deed, defendant No.1, opposite party No.3 was tenant of Marharaja K.M.A.H. Khan in the shop in dispute which was constructed over nuzul land, which had been given on lease to Marharaja K.M.A.H. Khan (or his predecessor). The period of lease expired. Initially Lucknow Improvement Trust was the owner of the land, over a small portion of which shop in dispute was constructed. Thereafter, Nagar Mahapalika, Lucknow and thereafter Nagar Nigam, Lucknow became the owner of the said land comprised in plots No.7, 8 and 9. The land was given on lease for 30 years to the predecessor in interest of Marharaja K.M.A.H. Khan in 1921. Under the terms of the lease, building was to be constructed within two years. The building was not constructed but the leasehold rights were transferred to Marharaja K.M.A.H. Khan in 1946 by the previous lessee. His name was also mutated thereafter. The lease was not renewed and thereafter notice to vacate was given by Nagar Mahapalika. Thereafter, Nagar Mahapalika, Lucknow filed suit for recovery of the arrears of rent/ lease amount and ejectment. After the decision of the suit and the first appeal by the D.J./ A.D.J., matter came up before this court in the form of Second Appeal No.271 of 1973. The appeal was allowed. Suit was decreed for ejectment and for recovery of arrears of lease amount through judgment dated 12.12.1977.