Saral Srivastava, J. - (1.) Heard learned counsel for the petitioners and Sri Atul Dayal, learned Senior Advocate assisted by Sri Manish Tandon, learned counsel for the respondents.
(2.) The petitioners are defendants in Suit No.225 of 2007 and have assailed the judgement and order dated 10.12.2019 passed by Additional District Judge, Court No.14, Kanpur Nagar whereby he has allowed the SCC Revision No.37 of 2017 and decreed the Suit No.225 of 2007 of respondents (plaintiffs in the suit) against petitioners for eviction.
(3.) The facts of the case, in brief, are that respondents no.1 Smt. Bhagwan Dei (since deceased) and respondent no.2/1 Smt. Renu Gupta instituted Suit No.225 of 2007 (hereinafter referred as 'Suit') against petitioners praying for a decree of eviction from House No.5/167, Purana Kanpur Nagar Road, Kanpur Nagar (hereinafter referred to as 'suit property'), and for recovery of arrears of rent and damages. The case of the respondents in the plaint was that the maternal uncle of respondent no.1 was the owner of the suit property. After his death, his sister Smt. Rani Devi and respondent no.1 became joint owner of the suit property. Smt. Rani Devi died on 20.06.2005 and after her death, her share devolved upon respondent no.2/1. One Shiv Mangal Gupta was the tenant of one room facing Ganga river @ Rs. 5/- per month and two rooms facing roadside @ Rs. 100/- per month. It was further pleaded that Shiv Mangal Gupta tried to encroach upon the land appurtenant to the suit property which led to the institution of another Suit No.610 of 1999 by respondents against Shiv Mangal Gupta in which temporary injunction was granted.;