SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Ashwini Kumar Yadav, learned counsel for defendant-tenants/petitioners and Sri S.M. Nazar Bokhari, learned counsel for plaintiffs-landlords/respondents.
(2.) This petition under Article 227 of the Constitution of India has been filed praying to set aside the order dated 07.02.2014 passed by the Judge Small Cause Court, Aligarh in SCC Suit No. 117 of 1999 {Sri Irshad Ahmad and another v. Mohd. Shafi (since deceased) Smt. Rayeshi Begum and others} and the judgment dated 18.10.2017 in S.C.C. Revision No. 13 of 2014 {Smt. Rayeshi Begum (since deceased) and others v. Irshad Ahmad and another) .
(3.) Briefly stated, facts of the present case are that undisputedly father of the defendants-petitioners namely Mohd. Shafi was the tenant in a portion of house bearing Municipal No. 12/81-B (New No. 12/89) Mohalla Bani Israyelan, Aligarh. He used to pay rent to one Sri Margoob Ahmad, who sold the aforesaid house to the plaintiffs respondents by a registered sale deed dated 18.01.1988. The aforesaid Margoob Ahmad gave a notice to the aforesaid tenant bringing to his notice to sale of the aforesaid house to the plaintiffs-respondents. He further instructed that the rent be paid to the plaintiffs-respondents. However, the defendant-tenant namely Mohd. Shafi did not pay rent to the plaintiffs-respondents and instead filed an Injunction Suit No. 281 of 1988 (Mohd. Shafi v. Mohd. Irshad) . Another O.S. No. 620 of 1988 (Madrsa Arabiya and others v. Irshad Ahmad and others) was filed claiming the disputed house to be a Waqf property. The O.S. No. 620 of 1988 was dismissed by judgment dated 17.01.2013. The Injunction Suit No. 281 of 1988 filed by the father of the defendants-tenants was also dismissed by a judgment dated 17.01.2013 passed by the Civil Judge (Junior Division), Hawali, Aligarh. In the aforesaid judgment, an observation has also been made that the disputed property was never used as a Waqf property, the aforesaid Margoob Ahmad was occupying as owner and the plaintiffs-respondents are owner and landlord on the basis of the aforesaid sale deed dated 18.01.1988.;