R.H.Zaidi, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and decree dated 21.8.1999 whereby suit No. 15 of 1991 filed by respondent No. 3 was decreed by the Judge Small Causes Court, Etah and the judgment and decree dated 30.5.2000 whereby revision filed by the petitioners was dismissed by the Court below, respondent No. 1.
(2.) The brief facts of the case giving rise to the present petition as unfolded in the writ petition are that the land over which the disputed shop is situated, was owned by one Rishi Kumar who let out the .same to Sri Ram Prasad Pandey. On the said land, 12 shops were constructed by Sri Ram Prasad Pandey in the year 1971. Shop in disptue was let out to one Sri Kripa Shanker by Sri Ram Prasad Pandey. Kripa Shanker, in turn, let out the shop in question to the petitioners. Rishi Kumar died leaving behind respondent No. 3 as his heir and legal representative. The said respondent sent a notice under Section 106 of the Transfer of Property Act terminating the tenancy of the petitioners on 4.2.1991. Since acknowledgement due was not received back a notice under postal certificate was also alleged to have been sent and the notice was also affixed on the shop door of the house in question on 26.2.1991 in presence of the witnesses as well as the petitioners. Thereafter, Suit No. 15 of 1991 was filed.
(3.) The suit was contested by the petitioners who have filed their written stated denying the facts stated in the plaint. It was pleaded that the shop in question was an old construction. The provisions of the U.P. Act No. XIII of 1972, in short, "the Act", were fully applicable to it, that there existed no ground for ejectment of the petitioners from the shop in dispute and that no notice terminating the tenancy was served upon the petitioners, therefore, the suit was liable to be dismissed.;