- (1.) RAKESH Tiwari, J. Heard counsel for the parties and perused the record.
(2.) THIS is tenant's petition. S. C. C. Suit No. 212 of 1980 was filed by Smt. Parwati Gandhi, mother of the respondent-landlords, inter alia, that the tenants have made material alterations diminishing the value and utility of the suit property and that they have not paid rent from August, 1970. The tenants deposited rent in Court for the period May, 1977 to April 1980 which was accepted by the landlords. Therefore, the tenants claimed that the notice terminating the tenancy stood waived. They also filed written statement denying the plaint allegations. The trial court vide judgment dated 29. 2. 1996 dismissed the suit holding that there was no material alteration in the shop in dispute and that the tenants having remitted the rent in Court without any default, notice terminating the tenancy stood waived.
(3.) AGGRIEVED, the respondents preferred Rent Revision No. 148 of 1996, which has been allowed by the revisional court by the impugned judgment dated 31. 8. 2006. Aggrieved by the judgment dated 31. 8. 2006, the tenants have preferred this writ petition under Article 226 of the Constitution of India.;