- (1.) S. P. Mehrotra, J. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners, inter alia, praying for quashing the judgment and order dated 27-3-2002 (Annexure 3 to the writ petition) passed by the learned Judge, Small Cause Court, Kanpur Nagar, the order dated 29-7-2003 (Annexure 11 to the writ petition) passed by the Execution Court, and the order dated 3-9-2003 (Annexure 13 to the writ petition) passed by the learned District Judge, Kanpur Nagar (respondent No. 1 ).
(2.) THE dispute relates to an accommodation on the first floor of house No. 106/185 Gandhi Nagar, Kanpur Nagar, the details whereof are given in the plaint of SCC Suit No. 10 of 1993, referred to hereinafter. THE said accommodation has hereinafter been referred to as "the disputed accommodation". It may be mentioned at the outset that in the present writ petition, a supplementary affidavit has been filed on behalf of the petitioners, which has been taken on record by the order dated 22-9-2003. From the averments made in the writ petition and the said supplementary affidavit, it appears that the respondent Nos. 3 to 5 filed a suit for eviction, arrears of rent etc. in respect of the disputed accommodation against Prem Prakash Sharma (predecessor-in-interest of the petitioners) and Surendra Prakash Sharma (respondent No. 6) and Suraj Prakash Sharma (respondent No. 7 ). The said suit was registered as SCC Suit No. 10 of 1993. Copy of the plaint of the said Suit has been filed as Annexure 1 to the writ petition.
(3.) IN the said suit, written statement was filed on behalf of the said Prem Prakash Sharma, predecessor- in-interest of the petitioners. Copy of the said written statement has been filed as Annexure 2 to the writ petition. It further appears that during the pendency of the said suit, the said Prem Prakash Sharma, predecessor-in-interest of the petitioners, died, and the petitioners were brought on record as the heirs and legal representatives of the said Prem Prakash Sharma.;