S.U.Khan, J. - (1.) This is tenants' writ petition arising out of suit for eviction filed by landlord respondent No. 3 Padam Singh on the ground of subletting and default. Relief for recovery of arrears of rent, damages for use and occupation pendente lite and future was also sought in the plaint of the suit. The suit was registered as SCC Suit No. 66 of 1981. JSCC/Munsif, Ghaziabad through judgment and decree dated 31.5.84, dismissed the suit. Against the said judgment and decree, landlord respondent No. 3 filed SCC Revision No. 100 of 1984. VI Additional District Judge, Ghaziabad through judgment and order dated 9.10.85, allowed the revision, set-aside the judgment and decree passed by the trial court and decreed the suit for eviction. Arrears of rent for three years at the rate of Rs. 16/- per month were awarded to the plaintiff landlord and it was further directed that pendente lite and future damages shall be paid at the rate of Rs. 100/- per month (Rs. 50/- for each of the two sets of defendants). This writ petition is directed against the aforesaid judgment of the revisional court.
(2.) This writ petition was dismissed in default on 18.4.2001 however the said order was recalled on 14.9.2001. Unfortunately during this period petitioners were dispossessed on 28.8.2001. In respect of dispossession in execution the petitioners have complained that notices were served on some dead persons and the other surviving petitioners were also not served with the notices.
(3.) Learned counsel for the landlord has also stated that the damages since the date of filing of the suit awarded by the revisional court @ Rs. 100/- per month have not been paid by the petitioners even though decree for the same was not stayed by this court.;