- (1.) The petitioners filed S.C.C. Suit No. 8 of 1997 in the Court of Civil Judge (Senior Division), Badaun/Judge Small Cause Court for ejectment of defendants-respondents and recovery of arrears of rent. The suit was dismissed by Trial Court vide judgment dated 25.09.2001 on various grounds, namely, the firm is not registered hence has no right to file suit; and, that the notice sent to tenant determining vacancy was invalid and that there is no default in payment of rent on the part of tenants. The aforesaid judgment has been confirmed in Revision No. 76 of 2001 which was dismissed by Revisional Court vide judgment dated 29.07.2011.
(2.) The facts, in brief, are that the petitioners filed Small Cause Suit No. 8 of 1997 against the defendant, Sabir Ali son of Zafar Ali for his ejectment and recovery of rent/damages. The dispute relates to a building, i.e., a shop situated at Mohalla Sarai Chaudhary, Badaun. The property in dispute was purchased vide registered sale deed dated 10.11.1995 and 14.11.1995 by Sri Adil Parvez and Sri Sajid Parvez in the capacity of partners of M/s New Sarkar Beedi Factory (claimed to be a registered partnership firm), i.e., petitioner no. 1 from its erstwhile owner Sri Shakil Ahmad son of Sri Asghar. The respondents were tenants in the aforesaid building but it is alleged that they have not paid rent to petitioners-landlords since 15.11.1995 despite demand. A notice dated 21.07.1997 sent to respondents-tenants by registered post demanding arrears of rent of last twenty months and terminating their tenancy after 30 days of receipt of notice which was replied by respondents-tenants vide reply dated 20/22.08.1997, hence the suit for ejectment was filed.
(3.) It was contested by defendants-tenants contending that plaintiff no. 1, i.e., petitioner no. 2 is not a registered firm, has no right to file suit and it is not maintainable; the respondents-tenants were never tenants of petitioner no. 1, the monthly rent of shop was Rs. 20/-; and the petitioners have illegally claimed it to be Rs. 150/- per month; the rent was paid earlier to Sri Asghar and after his death to his son Sri Shakil; no notice ever served by petitioners upon tenants regarding purchase of building in question and there is no default on their part.;