Sunita Agarwal, J. - (1.) The present S.C.C. revision is directed against the order dated 28.3.2018 passed by the Additional District Judge, Court No.1, Budaun in S.C.C. Suit No.1 of 2001 (Smt. Kamal RastogiOrs. v. Zila Sahkari Bank Ltd.Anr.) whereby the eviction suit filed by the respondents-opposite party no.1 to 4 has been allowed.
(2.) A perusal of the plaint of the said suit indicates that the landlord has come out with the clear case and categorical assertion with regard to the execution of the written agreement dated 11.4.1994 between the parties for letting out the premises in question. The averments in paragraph-2 of the plaint are that the original copy of the said agreement was lying with the Branch Manager of the District Co-operative Bank Limited and photocopy thereof was kept by the landlord.
(3.) On 26.5.1995, the original landlord died and the title devolved upon his surviving heir namely the widow, daughter and son of the deceased landlord. After death of the original landlord, the rent of the premises was being received by the heirs who have filed the present eviction suit.;