DHARAM PAL Vs. IST ADDITIONAL DISTRICT JUDGE KHERI

JUDGEMENT

(1.) ORDER dated 13.11.2013 passed in this writ petition (on the order sheet) is quoted below:

(2.) THIS is landlords' writ petition arising out of suit for eviction instituted by them against tenant original respondent No.3 since deceased and survived by legal representatives. Out of the four petitioners three (petitioners No.1 to 3) are sons of Sajan Kumar. At the time of filing of the writ petition, petitioners No.2 and 3 were minor under the guardianship by their father Sajan Kumar. Previously the owner landlady of the house in dispute was Smt. Santan Devi. She sold the house in dispute to the four petitioners through four different sale deeds of 1980. Rate of rent is Rs.125/ - per month. Before filing the suit notice terminating the tenancy and demanding the rent was given by the petitioners to the tenant on 10/14 August 1982. Thereafter, the suit for eviction (S.C.C. Suit No.29 of 1982, Dharmpal and others Vs. Chetumal) was instituted.

(3.) J .S.C.C. Lakhimpur Kheri decreed the suit for eviction on the ground of default on 04.04.1987. Plaintiffs were permitted to withdraw the amount deposited by the tenant in the suit. Against the said decree, tenant respondent No.3, Chetumal filed S.C.C. Revision No.98 of 1987. First A.D.J., Lakhimpur allowed the revision through judgment and order dated 06.07.1987, set aside the judgment and decree passed by the trial court for eviction but affirmed the same for recovery of arrears of rent. The said judgment of the lower revisional court has been challenged through this writ petition.