S.P.Mehrotra, J. - (1.) The aforesaid application has been filed on behalf of the respondents under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure, inter-alia, praying for review and recall of the judgment and order dated 17th January, 1984 passed by a learned Single Judge of this Court allowing the aforementioned writ petition filed by Smt. Savitri Devi, the petitioner.
(2.) FROM a perusal of the record, it appears that Lal Chand, Rajendra Kumar Agarwal and Vinai Kumar Agarwal filed a suit against Smt. Savitri Devi (Petitioner in the aforementioned writ petition) for ejectment, arrears of rent, mesne profits etc. in respect of a portion (shop) on the ground floor of the building bearing Municipal No. 26/2, Tilak Road, Dehradun. The said portion (shop) has, hereinafter, been referred to as "the disputed shop". It was, inter -alia, alleged by the said Lal Chand and others (plaintiffs) that the plaintiffs were the owners/landlords of the property bearing Municipal No. 26/2, Tilak Road, Dehradun, and the said Smt. Savitri Devi (Petitioner in the aforementioned writ petition) was a month to month tenant in the disputed shop on the ground floor of the said property on behalf of the plaintiffs at the rate of Rs. 100/ - per month as rent and Rs. 6/ - per month as Water Tax, total Rs. 106/ - per month; and that the provisions of the U. P. Act No. 13 of 1972 (in short "the Act") were not applicable to the said building including the disputed shop as the period of 10 years had not elapsed since its construction; and that the tenancy of the said Smt. Savitri Devi (Petitioner in the aforementioned writ petition) was determined and terminated through registered AD notice dated 2 -11 -1978 received by the said Smt. Savitri Devi (Petitioner in the aforementioned writ petition) on 8 -11 -1978 wherein the said Smt. Savitri Devi (Petitioner in the aforementioned writ petition) was called upon to quit, vacate and hand over possession of the disputed shop in her tenancy immediately on the expiry of 30 days from the date of receipt of the notice. The said suit was registered as S. C. C. Suit No. 221 of 1978. A copy of the plaint of the said suit was filed as Annexure 1 to the aforementioned writ petition. The said Smt. Savitri Devi (Petitioner in the aforementioned writ petition) contested the said suit and filed her written statement dated 5 -7 -1979, a copy whereof was filed as Annexure 2 to the aforementioned writ petition.
(3.) THE learned Judge, Small Cause Court/munsif, Dehradun by the judgment and order dated 6 -8 -1980 decreed the said suit filed by Lal Chand and others (plaintiffs ). It was, inter -alia, held in the said judgment and order dated 6 -8 -1980 that in view of the judicial decisions, the provisions of the Act would apply to all the buildings which were in existence on the date of enforcement of the Act and as such, the provisions of the Act were applicable to the disputed shop. It was, inter -alia, further held that the said Smt. Savitri Devi (Petitioner in the aforementioned writ petition) did not pay rent with effect from 1 -7 -1978 till the date of filing of the said suit, despite the said notice dated 2 -11 -1978, and thus, the rent for more than 4 months was due from the said Smt. Savitri Devi (Petitioner in the aforementioned writ petition) on the date of the notice.;