M.P.Mehrotra, J. - (1.) This petition under Article 226 of the Constitution of India arises out of the proceedings which were initiated by a suit filed by the landlords for the eviction of the tenant.
(2.) The facts, in brief, are these. The petitioners are the landlords and the respondent No. 2 Smt. Ramawati was the tenant. A suit was filed by the petitioners for the eviction of the said tenant and arrears of rent and damages for use and occupation etc. were claimed. No copy of the plaint has been appended to the petition. The tenant filed her written statement and resisted plaintiff's claim. However, no copy of her written statement has been appended to the petition. The suit was decreed by the trial court by its judgment dated 8.3.1978, a true copy of which is Annexure 1 to the petition. A certified copy of the said judgment is also on the record The suit was decreed for eviction of the tenant and for arrears of rent and damages and damages pendente lite and future were also awarded at the rate of Rs. 42.20. Thereafter, the tenant filed a revision and the same was allowed by the revisional court in which the operative part of the judgment is as follows : "The revision is allowed. The plaintiff is allowed a decree for arrears or rent at the rate of Rs. 22/- per month from 18.8.1972 till this day. The prayer for ejectment is disallowed. The parties shall bear their own costs of these proceedings throughout."
(3.) Feeling aggrieved, the landlords have come up in the instant petition and in support of the same, I have heard Sri Pramod Kumar Jain, learned counsel for the petitioners and in opposition, Sri H. S. Nigam, learned counsel for the tenant (respondent No. 2) has made his submissions.;