- (1.) RAKESH Tiwari, J. Heard Sri K. K. Arora, Counsel for the petitioner and perused the record.
(2.) DISPUTE in this writ petition pertains to house No. D-208 Choti Market, Govindpuri, Modi Nagar, District Ghaziabad. Brief facts culled out from the record are that the plaintiff-respondents filed S. C. C. Suit No. 9 of 1991 claiming themselves to be owners in possession of the property, in dispute, of which the defendant- petitioner is the tenant. The property, in dispute, was initially owned by one Sri Deenanath who died as a result of which, his sons and daughters became co-owners/landlord of the disputed property. A notice dated 22/24-5-1990 under Section 106 of the Transfer of Property Act was sent by the landlords to the defendant which was replied by him vide reply dated 30-5-1990 who also filed written statement in the suit on common grounds. During the pendency of the suit, Sri Kaley, one of the plaintiffs (since deceased), plaintiff-respondent No. 3 died and survived by his wife Smt. Saroj Bakshi.
(3.) SRI K. K. Arora, Counsel for the petitioner submits that no substitution application was filed by the plaintiff-respondents to substitute heirs and legal representatives of SRI Kaley yet the aforesaid suit was heard and decreed vide judgment and decree dated 22-9-2004 holding that the petitioner-tenant had not committed any default in payment of rent. It further found that there was structural and material alteration/changes made by the defendant-petitioner as a result, he was liable to be evicted from the disputed property. Aggrieved by the judgment and decree dated 22-9-2004, the petitioner-tenant preferred S. C. C Revision No. 158 of 2004. Another S. C. C. Revision No. 187 of 2004 was preferred by the landlords, plaintiff-respondents against the aforesaid judgment and decree.;