M. R. PATHAK, J. - - (1.) THIS Civil Revision Petition under Article 227 of Constitution of India has been filed by the petitioners against the Order dated 12.02.2014 passed by learned Senior Civil Judge -III, Aizawl in Civil Miscellaneous Application (CMA, in short) No. 426/2013 in the Declaratory Suit No. 12/2013 wherein the Court below directed the petitioner No.1 to vacate the 2nd floor of the building, within a period of 2 months from the date of the Order, which is in his possession and occupation as tenant of petitioner No.2/respondent having his grocery shop, his source of livelihood; although he was not made a party to the said proceeding.
(2.) PERUSED the records including the copy of the CMA No. 426 of 2013 in Declaratory Suit No.2 of 2013 filed by the respondent No. l/petitioner and also the copy of the Written Objection submitted by the Petitioner No. 2/Respondent No.1 therein.
(3.) HEARD Mr. L.H. Lianhrima, learned Senior counsel assisted by Ms. H. Lalmalsawmi, learned counsel appearing for the petitioners. Also heard Mr. Rosangzuala, learned counsel for the respondent No. 1 and Mrs. Linda L. Fambawl, learned Govt. Advocate appearing for the proforma respondent Nos. 2 to 5. It is submitted that petitioner No.2 constructed 5 (five) buildings in her various plots of land that are registered in the name of her son and grandchildren's are being registered in the name of her son and grand -children, which are occupied on rent by her tenants including the Petitioner No. 1 for the purpose of his business that was occupied on rent by her tenant including the petitioner No. 1 for his business and residential purposes. In one of such building where the Petitioner No.1, tenant of the Petitioner No.2, is having his grocery shop; in the same building, the Petitioner No.2 is in occupation of one floor with two of her three grandchildren and the respondent No.1, her grandson is in occu -pation of another floor. It is also submitted that being the head of the family and the actual owner of the said building, the tenants are in occupation of her said buildings with her consent and permission and the tenants had been paying rent to her from the date of initiation of their tenancy.;