SANGEETA CHANDRA,J. - (1.) This petition has been filed praying for quashing the order dated 21.4.2018 passed by the District Judge, Basti in Misc. Case No. 543 of 2017 in Execution Case No. 1 of 2017 (Badruduja v. Om Prakash) and also for a direction setting aside the entire proceedings of the Execution Case No. 1 of 2017.
(2.) Sri. Vibhu Rai, learned counsel for the petitioners/tenant has pointed out that the tenant has three shops in his tenancy i.e. shop no. 1, 2 and 3 in House no. 29, Ward no. 08, Mohalla Babhangawa, Gandhinagar, District Basti. The respondent no. 1-the owner and landlord of the property was arrested and sent to jail in some matter, and therefore, he signed a power of attorney to respondent no. 2 his wife and the respondent no. 2 signed a rent agreement with the tenants for a period of 11 years on 11.11.2013 starting w.e.f. 4.4.2013 to 4.4.2024. The shops in question were given to the tenants on payment of rent of Rs. 3000/- per month to be increased by 10% every year and in exchange the tenants advanced Rs. 3,50,000/- needed by the respondent no. 2 to prosecute the criminal case filed against her husband.
(3.) When the respondent no. 1 was released from jail, he started to resort to unscrupulous methods for getting the tenants evicted from the shop in question, therefore the tenants on the basis of the rent agreement dated 11.11.2013 filed a Civil Suit bearing Original Suit No. 163 of 2014 for a permanent injunction.;