SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Ravi Kant, learned Senior Advocate assisted by Sri Imran Sayed, learned counsel for the revisionist-defendant/tenant and Sri P.K. Jain, assisted by Sri Saurabh Srivastava, learned counsel for the respondents-plaintiffs/landlord. Facts
(2.) The facts in brief are that by two separate sale deeds, House No. 110/178, "80 Feet Road", Kanpur Nagar was purchased by one Smt. Vidyawati and Sri Gulshan Chhabra, who were mother and son. A new construction was raised over the said property. The underground portion of the said property, measuring 20 ft. X 80 ft. was let out to the revisionist-defendant, which is the disputed tenanted portion. Separate notices were issued by the aforesaid two owners namely Smt. Vidyawati and Sri Gulshan Chhabra to the revisionist-defendant on account of default in payment of rent and taxes. Since the notices were not complied with by the revisionist-defendant, therefore, the landlady and the landlord filed separate SCC Suits being SCC Suit No. 184 of 2011; (Smt. Vidyawati v. Desh Deep Wadhwa) and SCC Suit No. 185 of 2011 (Sri Gulshan Chhabra v. Desh Deep Wadhwa) for eviction of the revisionist-defendant from the disputed tenanted portion and for recovery of arrears of rent etc.
(3.) During the pendency of SCC Suit No. 184 of 2011, Smt. Vidyawati died. She was substituted by her heirs and legal representatives being Plaintiff No. 1/1 to 1/7 including Sri Gulshan Chhabra, who was substituted as Plaintiff No. 1/2. Both the aforesaid SCC suits were decreed by two separate judgements, both dated 24.05.2017.;