SIBGHAT ULLAH KHAN,J. - (1.) HEARD Sri Y.D. Sharma, learned counsel for tenants petitioners and Sri Swapnil Kumar, learned counsel for landlords respondents.
(2.) THIS is tenants' writ petition arising out of suit for eviction instituted against the tenants by landlords respondents in the form of S.C.C. Suit No.31 of 1986, Smt. Sharif Bano and five others Vs. Sri Munshi Shaukat Ali Khan since deceased and survived by the petitioners. Property in dispute is a house, rent of which is Rs.10/- per month. Suit was filed on the ground of default and material alteration. Suit for eviction was decreed by J.S.C.C./ Civil Judge (J.D.), Etah through the judgment and decree dated 30.04.1998. Against the said decree, tenants filed S.C.C. Revision No.18 of 1998, which was dismissed by A.D.J., Court No.7, Etah on 05.08.2004, hence this writ petition. In respect of default the courts below held that defendants were not defaulter. The suit was decreed on the ground of material alteration and structural changes.
(3.) THE plaintiffs had pleaded that in the courtyard of the house towards east, there was a dehliz, which was not having walls towards north and south; the tenant demolished eastern and western walls of the dehliz and started constructing a new room and latrine at that place, hence landlords had to file O.S. No.355 of 1986 for permanent prohibitory injunction against the tenant.;