S.U. Khan, J. - (1.) This is landlords writ petition. Landlords filed S.C.C. Suit No. 44 of 1982 against tenant Sri Krishna Lal, respondent No. 1 before J.S.C.C./ Civil Judge, Saharanpur for his eviction from the shop in dispute. In the plaint it was alleged that plaintiffs-petitioners were landlords who had let out the shop in dispute to respondent No. 1 at monthly rent of Rs. 90 per month since 1st July, 1979 and tenant had not paid the rent since then i.e., 1st July, 1979. J.S.C.C./Civil Judge, Saharanpur through judgment and decree dated 21st February, 1986 dismissed the suit holding that the lease did not come into existence for want of registered lease deed. Trial Court also held that as the building had been let out without allotment order, hence agreement of tenancy was void. Against the said judgment and decree landlords petitioners filed SCC Revision No. 98 of 1986. IVth A.D.J., Saharanpur decided in favour of the landlords that tenancy had come into existence and notice of termination of tenancy was also valid. However, the Revisional Court maintained the decree of dismissal of suit on the ground that in view of Navin Chandra v. A.D.J., AIR 1983 Alld. 116 : 1983 (1) ARC 50, a landlord who let out the building without allotment order was not entitled to file suit for eviction against the tenant. Order points were decided in favour of the landlords by the Revisional Court. Revision was dismissed on 29th October, 1986, hence this writ petition by the landlords.
(2.) It may be mentioned that tenant-respondent No. 1 did not adduce any oral evidence meaning thereby that he admitted the allegations of the plaintiffs regarding rate of rent, default and service of notice etc.
(3.) Heard learned Counsel for the parties.;