Rakesh Tiwari, J. - (1.) -Heard learned counsel for the parties and perused the record.
(2.) THE petitioners have filed this writ petition challenging the judgment and decree passed by the Judge Small Cause Court/Civil Judge (Junior Division), Shahjahanpur dated 27.2.2004 in S.C.C. Suit No. 12 of 2001 (Waqf Madarsa Sayedia No. 42, Khudaband Haul Qayum, Shahjahanpur v. State of U. P. and another) and the judgment and order passed by the Additional District Judge, Court No. 6, Shahjahanpur dated 2.11.2004 in S.C.C. Revision No. 15 of 2004, State of U. P. and another v. Waqf Madarsa Sayedia No. 42, Khudaband Haul Qayum, Shahjahanpur. The premises in dispute Bungalow No. 2, Kariappa Road, Cantt., Shahjahanpur was let out to the petitioners by the landlord-respondent No. 3 since before 1960 for running District Supply Office on a monthly rent of Rs. 79 inclusive of all taxes. The petitioners used to make payment of Rs. 948 yearly on submission of bill by the landlord. It appears that the petitioners did not pay rent to the respondent-landlord, as such two notices demanding the defaulted rent were sent by the landlord asking further to hand-over possession of the premises in dispute to him within 30 days. The petitioners replied the notices by stating that as and when the respondent-landlord furnished bill the rent would be paid.
(3.) THE landlord thereafter filed S.C.C. Suit No. 12 of 2001 before the Judge Small Cause Court/Civil Judge (Junior Division), Shahjahanpur for ejectment and arrears of rent w.e.f. 1.3.1999 to 31.8.2001 amounting to Rs. 2,370 and damages w.e.f. 1.9.2001 to 12.12.2001 @ Rs. 1,500 per month. The petitioners contested the suit by filing written statement.;