- (1.) By means of this writ petition, the petitioners have sought for writ in the nature of certiorari quashing the judgment dated 9.11.2011 and 28.7.2012, contained in Annexure Nos. 1 and 2 passed by O.P. Nos. 2 and 1 respectively. Brief facts of the case are that one Aspatali (since deceased) filed suit for eviction and recovery of arrears of rent and damages for use and occupation before learned Judge, Small Causes Court, Lucknow, which was registered as SCC Suit No. 239 of 1998, which was contested by the petitioners. But, ultimately, the suit was decreed vide judgment and decree dated 9.11.2011. The petitioners preferred SCC revision No. 5 of 2012, which was also dismissed by learned Additional District Judge (Court No. 17), Lucknow. The petitioners have challenged both the judgments through this writ petition. The respondents being legal heirs of the deceased landlord Asptali have put in appearance, but did not filed any counter-affidavit. I have heard both the parties and have gone through the records.
(2.) The plaintiffs have filed the suit on the ground that they are landlords of House No. 136/4, Durvijayganj, P.S.- Naka, Lucknow, The defendants being legal representatives of deceased tenant Om Prakash are tenant of one room at monthly rent of Rs. 500/-. The defendants did not pay any rent since July, 1990, which was accumulated to the tune of Rs. 49,000/- up to 30.9.1998, and, as such, notice for demand coupled with termination of tenancy was sent. The defendants did not comply with the notice, hence the suit was filed.
(3.) The defendants, who are petitioners before me, filed their written statements and pleaded that the deceased landlord Asptali had agreed to sell the suit premises in favour of Om Prakash and registered agreement was executed on 20.9.1986. He, later on denied to perform his part of the contract, hence, the suit for specific performance of contract bearing Original Suit No. 78/1988 was filed which was decreed, but in an appeal, the suit was dismissed. He has taken certain pleas regarding sale of some parts after dividing the house into three portions, in which the defendants are licensees.;