SURYA PRAKASH KESARWANI,J. - (1.) Heard Shri Ashutosh Sharma, learned counsel for the defendant-petitioner and Sri Manish Tandon, learned counsel for the plaintiffs-respondents.
(2.) This petition under Article 227 of the Constitution of India has been filed praying to set aside the impugned order dated 26.9.2017 in S.C.C. Suit No. 319 of 1991 (Smt. Rijwan Amra and another v. Mohd. Mustahsan Siddiqui) passed by the Judge Small Causes Court, Kanpur Nagar and the order dated 15.12.2017 in S.C.C. Revision No. 117 of 2017 (Mohd. Mustahsan Siddiqui v. Smt. Rijwan Amra and another) passed by the District Judge, Kanpur Nagar. A further prayer has been made for a direction to decide Amedment application dated 13.7.2017 being paper No. 226C/4 on merits. Facts:-
(3.) Briefly stated facts of the present case are that the plaintiffs-respondents are the owner and landlord of house No. 97/215A, Talak Mohal, Kanpur Nagar. Its first assessment was made on 1.4.1987. The defendant-petitioner is a tenant of a shop situate in the aforesaid house. The plaintiffs-respondents terminated the tenancy of the defendant-petitioner by a notice dated 16.5.1991 and also demanded arrears of rent and taxes. However, neither the arrears were paid nor the disputed shop was vacated and as such the plaintiffs-respondents filed S.C.C. Suit No. 319 of 1991(Smt. Rijwan Amra and another v. Mohd. Mustahsan Siddiqui) in the court of Judge Small Cause Court, Kanpur Nagar, which was dismissed by judgment dated 12.11.1997 on the finding that the provisions of U.P. Act No. 13 of 1972, are applicable in respect of the dispute house.;