Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THIS writ petition under Article 226 of the Constitution has been filed for issuance of a writ, order or direction in the nature of certiorari for quashing the order dated 18.2.2006 passed by the Judge Small Causes Court, Kanpur Nagar in Suit No. 255 of 2002 and the order dated 19.7.2007 passed by the Additional District Judge, Kanpur Nagar in Revision No. 8 of 2007. The petitioners have also prayed for issuance of a writ, order or direction in the nature of mandamus directing the courts below to pass order afresh in accordance with law and not to evict the petitioners from the tenanted house. The dispute relates to a residential accommodation of House No. 509, Faithfulganj Cantonment, Kanpur Nagar, which was under the tenancy of one Ali Raza. The accommodation under the tenancy of Ali Raza consists of one room, one covered varandah and the roof, which remained under the tenancy of Ali Raza for about 60 years till his death, i.e., 1996.
(3.) IT is claimed by the petitioners that they were normally residing with Ali Raza and inherited the tenancy rights from him who was residing in the aforesaid accommodation. They had also erected a tin roofed structure on the land of cantonment board just in-front of and apart from the tenanted accommodation of the petitioners. It appears that the respondents had purchased the aforesaid house No. 509, Faithfulgnaj, Cantonment, Kanpur Nagar in which the petitioners were also tenants on 17.7.2001. Thereafter they gave notice dated 28.7.2001 to the petitioners which was replied by them vide reply dated 13.8.2001. Another notice dated 6.5.2002 was given to the petitioners which is said to have been returned on 8.5.2002 with the remark 'Not claimed'. As the petitioners did not make compliance of the notices, their tenancy stood terminated, S.C.C. Suit No. 255 of 2002 was thereafter filed by the respondents against the petitioners for arrears of rent and ejectment on the ground of default in payment of rent.;