Rakesh Srivastava, J. - (1.) This petition under Article 227 of the Constitution has been filed challenging the judgment and order dated 19.02.2008 passed by the Judge Small Causes Court in SCC Suit No.121 of 2000, Siya Ram Vs. Smt. Rani Devi & Ors, and the judgment and order dated 03.10.2016 passed by the Additional District Judge, Court No.13 Lucknow in SCC Revision No.1300034 of 2008 (Smt. Rani Devi & Ors. Vs. Siya Ram).
(2.) Admittedly, Siya Ram, the plaintiff in the original suit and the respondent no. 3 herein, the owner of shop no.1110 situated at J.K. Gola Bazaar, Sadar, Lucknow had originally let out the said shop to Sri Ram Kumar Vaish on a monthly rent of Rs.18/- per month. After the death of Ram Kumar, the defendants in the original suit and the petitioners herein, being his heirs and legal representatives, became joint tenants.
(3.) After due notice, demanding payment of arrears as well as to quit the premises, the respondent no.3 instituted SCC Suit No.121 of 2000 against the petitioners in the Court of Judge Small Causes, Lucknow on 01.07.2000. The respondent no.3 restricted his claim for recovery of arrears of rent from 01.05.1997 to 03.06.2000 to Rs.667.80, for damages for use and occupation for the period extending from 04.06.2000 to 30.06.2000 to Rs.16.80 and for ejectment of the petitioners from the suit premises. It was also alleged that the petitioners had sublet the premises without the consent of the respondent no.3. In his suit, the respondent no.3 relinquished his claim for rent for the period 01.01.1977 to 30.04.1997 as the relief was time barred.;