SATISH CHANDRA Vs. SHIV KUMAR GUPTA

JUDGEMENT

(1.) S. U. Khan, J. This is tenant's writ petition. Their only intention ap pears to delay the proceedings of the suit indefinitely. On enquiry from the Court, regarding rate of rent and position of its payment, learned Counsel for the tenants-petitioners clearly stated that he was not even aware about the rate of rent. The suit for eviction is pending for 21 years. Initially Natthu Lal was the tenant. Plaintiffs-respondent Nos. 1 to 7 filed the suit. Sri Natthu Lal died during pendency of suit and was substituted by his heirs including Hari Shankar. Now Hari Shanker has also died and the seven petitioners are his heirs. It appears that in the year 2002, landlords-plaintiffs sought some amendment in the plaint, which was allowed. Thereafter, defendants includ ing Hari Shanker filed an application dated 13. 10. 2007 under Order VII, Rule 11, C. P. C. for rejection of the plaint on the ground that there was no cause of ac tion. The application was rejected on 14. 11. 2003. Against the said order, S. C. C. Revision No. 33 of 2003 was filed. The said revision is still pending. During pendency of revision, Hari Shanker, one of the tenants/legal representatives of original tenant Natthu Lal, died leaving behind widow, five sons and five married daughters. Hari Shanker was one of the revisionists in the revision. Substitution application was filed by the petitioners. In the substituting appli cation, married daughters were sought to be impleaded as proforma respon dents. Substitution application was allowed on 17. 5. 2008. On 24. 5. 2008, plain tiffs landlords, who are respondents in the revision, filed an application that service upon married daughters of Hari Shanker might be dispensed with. The said application was allowed on 10. 7. 2008. Said order has been challenged in this writ petition.

(2.) IN Para-9 of the writ petition, it has categorically been stated that "but the married daughters were living separate just after their respective marriages at their respective in-laws, houses. These married daughters were having no concern in respect of any dispute of their father Hari Shanker par ticularly the litigation's pending with regard to tenancy etc. rather they were insisting their father Hari Shanker for leaving the litigation as well as the dispute premises. "

(3.) A. D. J. , Fast Track Court (Court No. 19), Bulandshahar, where S. C. C. Revision No. 33 of 2003 is pending, is directed to positively decide the revision within four months.