- (1.) RAKESH Tiwari, J. Factual scenario of the case is that the petitioners are owners/landlords of the shop, in dispute, situate in Subhash Bazar, Meerut City which is in the tenancy of the respondent.
(2.) THE petitioners instituted S. C. C. Suit No. 135 of 1988, J. K. Jain & Anr. v. Sri Jagannath Prasad, in the Court of Judge, Small Causes Court, Meerut claiming that the shop, in dispute, being new construction, the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the U. P. Act No. XIII of 1972') are not applicable. It was alleged that the shop, in dispute was demolished and a fresh construction was made in 1987. Fresh house tax was assessed in 1987. Accordingly, the petitioners served Sri Jagannath Prasad (since deceased), predecessor-in-interest of the present respondent with a notice dated 18-7-1988 under Section 106 of the Transfer of Property Act which was refused by him. The trial Courts dismissed the suit of the petitioners vide judgment dated 17-11-1997. Aggrieved by the aforesaid judgment dated 17-11-1997, the petitioner preferred S. C. C. Revision No. 337 of 1997 under Section 25 of the Provincial Small Causes Courts Act.
(3.) DURING the pendency of aforesaid revision, the original tenant Sri Jagannath Prasad expired. Consequently, fresh notices were issued to the heirs and legal representative of late Jagannath Prasad for the purposes of substitution, but he failed to turn up. However, the respondent-Rakesh Kumar Saini, on the basis of a Will dated 12-1-1987 allegedly executed by late Jagannath Prasad amended the written statement incorporating the fact that after late Jagannath Prasad, the tenancy devolved upon him under the Will dated 12-1-1987. After amendment of the written statement, the petitioners filed replication dated 27-2-2002 stating that on the basis of the alleged Will dated 12-1-1987, the tenancy rights could not be transferred.;