UMA SHANKER Vs. RAMAKANT

JUDGEMENT

(1.) V. C. Misra, J. Heard Sri Shrinath Dwivedi, learned Counsel for the petitioners and Sri Irshad Ali and Sri Pankaj Gupta, learned Counsel for the respondent-landlord-caveators.

(2.) THIS writ petition has been filed by the petitioners for quashing the impugned orders dated 18-2-2006 (Annexure No. 4 to the writ petition) and dated 27-11-2006 (Annexure No. 6 to the writ petition) passed by the Judge, Small Causes Court and the Additional District Judge, Court No. 2, Banda respectively and directing the respondents not to interfere with the peaceful possession of the petitioners over the premises in dispute.

(3.) LEARNED Counsel for the petitioners has emphatically submitted that the petitioners though they are the heirs and legal representatives of the defendant-Mewa Lal who died on 19-12-1997 they were not substituted in the proceeding as defendant in his place and the trial Court proceeded ex parte and decreed the suit against the petitioners and they were deprived from being heard. From perusal of Section 34 (4) of the U. P. Act No. XIII of 1972 it is crystal clear that where any party to any proceeding for the determination of standard rent or for eviction from a building dies during the pendency of the proceeding, such proceeding may be continued after bringing on the record his heirs and legal representatives.