Manoj Misra, J. - (1.) Heard Ms. Poonam Srivastava for the petitioners and Sri Anupam Anand for the respondent. The present petition has been filed against the order dated 9.10.2012 passed by Civil Judge (SD)/Judge Small Cause, Badaun and order dated 4.2.2017 passed by Special Judge (EC Act)/Additional District Judge, Badaun in SCC Suit No. 14 of 1996 and SCC Revision No. 90 of 2012 respectively.
(2.) A perusal of the record would reveal that SCC Suit No. 14 of 1996 was instituted by Thakur Ji Maharaj through its mutwalli Jagannath Prasad against Natthu (Predecessor in interest of the petitioners) for arrears of rent and eviction from suit property. The plaint case was that the plaintiff was the owner/landlord; that owner/landlord was deity Thakur Ji Maharaj therefore the accommodation was out of purview of U.P. Act No. 13 of 1972 by virtue of section 2(bb) read with section 3(s) of U.P. Act No. 13 of 1972 (herein after referred to as the Act).; that Jagannath was its mutwalli; and the defendant was tenant at the rate of Rs. 12.50 per month. In the plaint, it was alleged that the defendant had been a defaulter in payment of rent since January 1988 up to 31.8.1996 and had also not paid taxes payable; and that he had destroyed chhajja of the shop thereby making material alteration which disfigured the property. It was also alleged that the defendant had sublet the premises. It was further alleged that by a written notice sent by registered post on 10.9.1996 the tenancy was terminated and arrears of rent was also demanded for the period 1.1.1988 to 31.8.1996 but, despite service of notice, the defendant neither handed over possession nor paid the arrears.
(3.) The defendant contested the suit claiming that it was not instituted by the mutwalli of Thakur Ji Maharaj; that the notice terminating tenancy was not duly served; that rent had been deposited under section 30 of the Act; that no material alteration was made in the premises and that the chhajja had fallen on its own during the rains in the year 1995; and that there was no subletting.;