J K JAIN Vs. RAKESH KUMAR SAINI

JUDGEMENT

(1.) RAKESH Tiwari, J. Factual scenario of the case is that the petitioners are owners/landlords of the shop, in dispute, situate in Subhash Bazar, Meerut City which is in the tenancy of the respondent.

(2.) THE petitioners instituted S. C. C. Suit No. 135 of 1988, J. K. Jain & Anr. v. Sri Jagannath Prasad, in the Court of Judge, Small Causes Court, Meerut claiming that the shop, in dispute, being new construction, the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the U. P. Act No. XIII of 1972') are not applicable.

(3.) DURING the pendency of aforesaid revision, the original tenant Sri Jagannath Prasad expired. Consequently, fresh notices were issued to the heirs and legal representative of late Jagannath Prasad for the purposes of substitution, but he failed to turn up. However, the respondent-Rakesh Kumar Saini, on the basis of a Will dated 12-1-1987 allegedly executed by late Jagannath Prasad amended the written statement incorporating the fact that after late Jagannath Prasad, the tenancy devolved upon him under the Will dated 12-1-1987.