A.N. Dikshita. J. - (1.) BY this petition under Article 226 of the Constitution the Petitioners have claimed a writ of certiorari for quashing the judgment and order dated 19.7.80 passed by Respondent No. 3 decreeing the suit and the judgment and the order dated 24.1.81 passed by Respondent No. 4.
(2.) BRIEFLY stated the facts lie in a narrow campus ; Respondent No. 1 being the landlord -owner of the suit premises filed a suit in the court of Munsif, Fatehpur for the eviction of the Petitioners from the portion in the tenancy and occupation of the Petitioners as well as Respondent No. 2 who was impleaded as a preformed Defendant Besides claiming a decree for eviction the Respondent No. 1 had also claimed a decree for the recovery of Rs. 892.08 being the arrears of rent besides damages and interest together with pendent late and future damages for wrongful use and occupation at the rate of Rs. 300/ - per month. A copy of the plaint has been annexed as Annexure -1 to the writ petition. This suit was apparently filed on the basis of a composite notice of demand within the meaning of Section 3(1)(a) of the U.P. Temporary Control of Rent and Eviction Act (Act No. Ill of 1947) as well as Under Section 6 of Transfer of Property Act. The Respondent No. 1 had also claimed eviction of the Petitioners on the grounds enumerated in Sections 3(1)(b) and 3(1)(c) for having caused damages to the tenanted premises as well as also effecting material alterations in it. On coming into force of the Civil Laws Amendment Act this was transferred to the Court of Judge Small Causes and was preceded as such. This suit was contested by the Petitioners denying the allegations of the Respondent No. 1. A written -statement was filed Copy whereof has been annexed as Annexure -3 to the writ petition. As certain amendments were incorporated in the plaint an additional written -statement which is annexed as Annexure -4 to the petition was filed by the Petitioner.
(3.) IN support of his case Respondent No. 1 Lalta Prasad the landlord of the premises examined himself as PW 1 on 28.7.77 while one Raj Bahadur was examined as PW 2 on 25.8.77. Later on Respondent No. 1 was recalled and his statement was recorded on 4.7.80. Their statements have been annexed as Annexures 5, 6 and 7 respectively to the writ petition.;