Surya Prakash Kesarwani, J. - (1.) Rejoinder affidavit filed today, is taken on record.
(2.) Heard Sri Ravi Kant, learned Senior Advocate, assisted by Ms. Kirti Singh, learned counsel for the defendant no.2/petitioner and Sri Swapnil Kumar along with Sri Anoop Trivedi, learned counsel for the plaintiff- landlords/respondents - 1st set .
(3.) Briefly stated facts of the present case are that shop No. 636, Ward No.1, Nadrai Gate, district Kasganj, was owned by one Sri Jagmohan Lal, son of Sri Kedari Lal. During his life time he admitted that one Sri Ram Swaroop Sharma, son of Sri Jhandu Lal was a tenant in the aforesaid shop. Sri Ram Swaroop Sharma died issue-less in September 1983. He had only one real sister namely, Smt. Triveni Devi. The aforesaid owner Sri Jagmohan Lal executed a will dated 21.10.1982 in favour of the plaintiff-respondent nos. 1 and 2. He died on 20.10.1982. Thus, the plaintiff-respondent became the owner and landlord of the disputed shop. They filed S.C.C. Suit No.34 of 1986 (Somendra Babu and Upendra Kumar, Smt. Triveni Devi and Dharmendra Kumar ), praying for ejectment of the tenant/ defendant no.1 on the ground of subletting to the defendant no.2/petitioner herein. During pendency of the aforesaid S.C.C. Suit, the plaintiff-respondent no.1 Sri Somendra Babu died, who was succeeded by heirs and legal representatives being plaintiff-respondent nos. 1/1 to 1/6. The defendant no.1 Smt.Triveni Devi also died during pendency of the aforesaid S.C.C. Suit. She was succeeded by her heirs and legal representatives i.e. defendant no.1/1 to 1/5.;