SHYAM BEHARI KAHAR Vs. IVTH A.D.J. AND OTHERS
LAWS(ALL)-2013-4-302
HIGH COURT OF ALLAHABAD
Decided on April 30,2013

Shyam Behari Kahar Appellant
VERSUS
IVth A.D.J. and others Respondents

JUDGEMENT

Saeed-Uz-Zaman Siddiqi, J. - (1.) By means of the instant writ petition, the petitioner has prayed for a writ in the nature of certiorari, quashing the orders passed by learned IVth Additional District Judge, Lucknow and learned Judge, Small Causes, Lucknow. During the pendency of the petition the petitioner died and his heirs have been substituted. Opposite party nos.3 to 6 and 16 have also died whose heirs have also substituted.
(2.) Brief facts of the case are that the opposite parties filed small cause suit for eviction, recovery of arrears of rent and damages for use and occupation, which was registered as S.C.C. Suit No.431 of 1980. The suit was decreed vide judgment and decree dated 11.12.1985. Civil Revision o.35 of 1986 filed against the said judgment was also dismissed with a brief modification that the landlords are not entitled to the interest on the arrears of rent as awarded by learned Judge, S.C.C.. Aggrieved by the impugned judgments and decree, the tenant has preferred this writ petition.
(3.) Heard learned counsel for the parties and gone through the records.;


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