- (1.) Heard learned Counsel for the parties and perused the record.
(2.) The Petitioners are the tenants of the shop situated in mid western portion of house No. 96/85, Nakhas Khona, Allahabad.
(3.) S.C.C. Suit No. 49 of 2004 was filed by the landlord Respondent Nos. 3 and 4 in the Court of Judge Small Causes, Allahabad for ejectment of the Petitioners from the shop In dispute and for payment of arrears of rent and damages. The suit was contested by the Petitioners by filing written statements denying the plaint allegations. Since, according to the landlords the erstwhile tenant Sri Raja Ram and after his death his legal heirs, i.e., the Petitioners had not deposited the arrears of rent with effect from June, 1990 on the first date of hearing, an application paper No. 29C was moved for striking off the defence under Order 15, Rule 5, Code of Civil Procedure The application was objected upon by filing objection paper No. 32C inter alia, that Respondent No. 5 namely, Smt. Madhuri Jaiswal wife of Sri Shiv Bala and daughter of late Raja Ram Jaiswal resident of 1022 Malviya Nagar, Satti Chaura, Allahabad was no longer tenant as the Petitioners had succeeded to the tenancy of their real uncle Raja Ram Jaiswal who after the marriage of Respondent No. 5 lived with them till his death. It was stated in the objection that the Petitioners being nephews of their uncle Raja Ram Jaiswal are true successors to his tenancy but the rent offered by them to the landlords was not accepted.;