Mukteshwar Prasad, J. - (1.) By means of this petition under Article 226 of the Constitution of India, the tenants-petitioners have prayed for issuing a writ in the nature of certiorari quashing the order dated 8.11.2002, passed by respondent No. 1 in S.C.C. Revision No. 5 of 1998, Thakur Ram Lakshman Janki Mandir v. Mewa Lal and Anr., (Annexure-4 to the writ petition) whereby the revision was allowed and the decree passed by J.S.C.C. on 28.3.1998 was reversed and the suit of the plaintiffs was decreed.
(2.) Heard Sri Shri Kant, learned counsel for the petitioners, Dr. H. N. Tripathi, learned counsel for respondents No. 2 and 3 and learned standing counsel and with the consent of the parties, this petition is being disposed of finally at this stage.
(3.) Respondent Nos. 2 and 3 filed a suit in the court of Civil Judge (S.D.), Fatehpur (J.S.C.C.) for recovery of arrears of rent due from August, 1969 to October, 1981 and for eviction of the tenants from the shop in dispute. It was alleged in the plaint that Thakur Ram Lakshman Janki Mandir is a public charitable trust and the provisions of U. P. Act No. 13 of 1972 are not applicable. The defendants occupied the shop in question as partners of the firm 'Mewa Lal and Om Prakash' and paid Rs. 65 per month as rent. The tenancy commenced from the first day of each English calendar month and ended on the last day thereof. The tenants committed default in payment of rent from August, 1979 to August, 1984 and the suit was filed after serving a composite notice of demand and determining tenancy.;