- (1.) S. U. Khan, J. Heard Sri Arjun Singhal, learned Counsel for the peti tioners-tenants and Sri Rajeev Joshi, learned Counsel, who appeared on behalf of landlord-respondent No. 1 through caveat.
(2.) THIS is tenant writ petition. Smt. Surajmukhi, mother of respondent Nos. 1 and 2, filed suit for eviction against grandfather of tenants-petitioners and proforma respondents, Moti Ram the original tenant in the form of S. C. C. Suit No. 4 of 1983. Both, original plaintiff and original defendant died during pendency of suit. Plaintiff was survived and substituted by respondent Nos. 1 and 2 and defendant was survived and substituted by Devi Das Jain father of both the petitioners, and proforma respondent Nos. 3 to 11. Thereafter, Devi Das also died and was substituted by the petitioners. In the plaint, it was alleged that original plaintiff had executed a general power of attorney in favour of Sumer Chand on 5. 1. 1956. Suit was filed by Smt. Surajmukhi through Sri Sumer Chand. Property in dispute is premises bearing No. 112 situate in Mohalla Kayastha Bara, Muzzafarnagar. Rent is Rs. 250/- per month. It was alleged in the plaint that a shop (No. 13) being part of the tenanted premises was partitioned and sub-let by the tenants to Subhash Kerana Store and Modern General Store. It was further alleged that another shop bearing No. 12, which was part of the tenanted accommodation was also sub-let by the tenants to Om Prakash Kishan Lal and another portion of the said shop was sub-let to Navneet Traders. It was also alleged that some other portions of accommoda tion in dispute were sub-let to Moti Ram, Devi Das and Shikhar Chand (however, Moti Ram, Devi Das and Shekhar Chand were sons and grand-sons of original tenants ). It was further alleged that the accommodation on the first floor of shop No. 12 had been sub-let to Rameshwar Das for residential pur pose.
(3.) SUIT was filed under section 20 (2) (b), (c) and (e) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and it was also alleged that since August, 1980, rent had not been paid. J. S. C. C. /iind A. C. J. , Senior Division, Muzzaffarnagar decreed the suit for eviction and recovery of arrears of rent through judgment and decree dated 24. 10. 1997. Against the said judgment and decree, S. C. C. Revision No. 511 of 1997 was filed. In the revision, which was filed by Devi Das, an application was moved by Devi Das on 31. 1. 1998 for getting the revision dismissed as not pressed. Revision was accord ingly dismissed as not pressed by District Judge, Muzzafarnagar on 18. 4. 1998. It is alleged in Para-9 of the writ petition that the said application was moved by the father of the petitioners under the influence and assurance given by respondent No. 1 that in case revision was withdrawn, tenancy would be regular ized. Thereafter, execution application was filed by the respondent No. 1 on 7. 1. 2004 which was numbered as S. C. C. Execution No. 1 of 2004. In the said exe cution, petitioners filed Misc. Case No. 2 of 2004 under section 47, C. P. C. In Para-17 of the said objections (copy of which is Annexure-7 to the writ peti tion), same thing was stated, which has been stated in Para-9 of the writ peti tion, i. e. , that Devi Das father of the petitioners was assured that his tenancy would be regularized, hence revision was got dismissed by him as not pressed. J. S. C. C. /a. C. J. , Senior Division, Muzzafarnagar dismissed the objections through order dated 14. 5. 2008. Against the said order S. C. C. Revision No. 28 of 2008 was filed. District Judge, Muzzafarnagar, through judgment and order dated 31. 1. 2008, dismissed the revision, hence this writ petition.;