SATISH CHAND KAKKAR Vs. VII ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Both these writ petitions are directed against judgments, decree and order passed in the same cases. Some tenants-defendants in S.C.C. Suit No. 255 of 1983 on the file of Judge, Small Causes Court, Allahabad have filed the first writ petition and other defendants-tenants have filed the second writ petition.

(2.) Landlord Mohan Ji Tandon had filed the suit for eviction and recovery of arrears of rent against 11 defendants-tenants. The suit was decreed for eviction and for recovery of arrears of rent etc. through judgment and decree dated 11.3.1991. Against the said judgment and decree Civil Revision (ought to be S.C.C. Revision) No. 46 of 1991, was filed by the tenants, which was dismissed by VIIth A.D.J. Allahabad on 30.9.1993, hence these writ petition.

(3.) Landlord Mohan Ji Tendon-respondent in both the writ petitions purchased the property in dispute which is a shop bearing No. 40/1977 and is situate at Chowk Market Allahabad through registered sale deed ! dated 14.2.1979 from its previous owner Sudhir Kumar Agarwal. At that time Late Sri Purushottam Das Kakkar was its tenant who died on 1.9.1979. Defendants in the suit/petitioners in these writ petitions are legal heirs of original tenant Purushottam Das Kakkar. Suit was decreed on the ground of default and material alteration.