SANJAY AND 4 ORS Vs. RAJKUMAR

JUDGEMENT

(1.) Supplementary affidavit filed today is taken on record.

(2.) This petition has been filed by the petitioners praying for a writ in the nature of certiorari for quashing the order dated 18.01.2018 passed by the learned Additional Sessions Judge, Court No. 2, Shahjahanpur in SCC Revision No. 5 of 2017 (Rajkumar vs Sanjay and others).

(3.) Learned counsel for the petitioners-tenants has submitted that the predecessor in interest late Mahaveer Prasad was the pujari of the temple Thakur Ji Maharaj situated at Mohalla Mohammadjai, Shahjahanpur. The plaintiff-respondent had earlier filed an SCC Suit No. 6 of 1995, wherein the Thakur Ji Maharaj was the plaintiff-respondent through Sarvarakar Rajkumar. In the said suit, the grounds for praying for eviction of the tenant late Mahaveer Prasad were the same, as have been mentioned in the later SCC Suit No. 18 of 1999. The said suit was dismissed by the learned Civil Judge (JuGokaran Singh vs First Additional District & Sessions Judge Hardoi and others,nior Division), Shahjahanpur on merits on 26.08.1996.