SURYA PRAKASH KESARWANI, J. - (1.) Heard Sri R.P.S. Chauhan, learned counsel for the petitioners.
(2.) This petition under Article 227 of the Constitution of India has been filed praying to set aside the order dated 10.1.2017 in SCC Case No. 08 of 2001 (Ghatileshwar Ji Maharaj v. Mithlesh Kumar) passed by the Judge Small Causes Court/Addl. Civil Judge (S.D.) Moradabad, whereby the amendment application of the petitioners-defendants/tenants being paper No. 141 C has been rejected. The petitioners have also prayed to set aside the order dated 11.7.2017 in SCC Revision No. 01 of 2017 (Shatakshi and another v. Ghatileshwar Ji Maharaj) passed by District Judge, Moradabad, whereby the revision of the petitioners challenging the order of the Judge Small Causes Court, dated 10.1.2017 has been dismissed.
(3.) Briefly stated facts of the present case are that the opposite party-plaintiff has filed SCC Case No. 08 of 2001 (Ghatileshwar Ji Maharaj v. Mithlesh Kumari) on 30.5.2001 praying for eviction of the petitioners/defendants/tenants. In paragraph 1 of the plaint the opposite party-plaintiff has clearly stated that Ghatileshwar Ji Maharaj is the owner and he is the Manager of the said temple and the managership has been succeeded by him from his father and he is entitled to manage, let out and realise rent and make pairvi of the cases. In paragraph 2 of the plaint, it is stated that petitioners-defendants are the tenant at a monthly rent of Rs. 125/-. In paragraph 3 it is stated that petitioners-defendants have not paid rent despite demand, after 1.4.1998 and as such their tenancy was terminated by notice.;