RAMESH LALWANI AND ANOTHER Vs. PRATIBHA JAIN

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been filed by the tenants - Ramesh Lalwani and Nanak Ram Lalwani against the landlord - Smt. Pratibha Jain whereas Misc. Petition under Article 227 of the Constitution no. 2342 of 2018 has been filed by Smt. Pratibha Jain - the landlady against the respondent - tenants Ramesh Lalwani and Nanak Ram Lalwani. Since, both petitions seek to challenge the judgment and order dated 19.2.2018 passed by the Additional District Judge, Court No. 1, Jhansi in SCC Revision No. 46 of 2017, both the petitions were heard together.

(2.) Sri Kamlesh Kumar Tiwari, who appears for the tenants in the petition which challenges the order passed in SCC Revision No. 46 of 2017 as also the decree of the learned Trial Court, Judge Small Causes / Civil Judge (Senior Division), Jhansi dated 16.9.2017 in SCC Suit No. 20 of 2013 had been asked by this Court to take notice on behalf of the tenants / respondent nos. 1 & 2 in the petition filed by the landlady registered as Misc. Petition Under Article 227 no. 2342 of 2018.

(3.) Both matters relating to the same property and relating to the same litigation were heard at length by this Court. The tenants have challenged the entirety of the judgment dated 19.2.2018 passed in SCC Revision and the order dated 16.9.2017 passed in SCC Suit whereas the landlady - Smt. Pratibha Jain has challenged only the operative portion of the judgment and order dated 19.2.2018 wherein the tenants were permitted by the learned Additional District Judge to continue in possession of two shops in question for a further period of two years by paying rent at the rate of Rs. 3000/- per month to the landlady.