POONAM SRIVASTAV,J. - (1.) HEARD Sri S.K. Mishra, counsel for the tenants/petitioners and Sri M.K. Gupta, counsel for landlord/respondents.
(2.) THE writ petition is listed for admission but as already agreed between the counsels for respective parties, it is being heard finally under the High Court Rules. The judgment and order impugned in the instant writ petition is dated 27.8.2008 passed by Additional District Judge, court no.2, Muzaffar Nagar in S.C.C. Revision No. 32 of 2007 Union of India and another Vs. Brij Mohan and others arising out of judgment and order dated 10.8.2007 passed by Civil Judge (Senior Division) Muzaffar Nagar in S.C.C. Suit No.28 of 1999. Both the orders are annexed as annexure nos. 1 and 2 to the writ petition.
(3.) FACTS giving rise to the dispute are that petitioners' department runs post office from the tenanted accommodation situated in Kasba Budhana, District Muzaffar Nagar. An agreement was executed for a period of five years tenancy at the rate of Rs.300/- per month on 9.12.1985. The said agreement is annexed as annexure no.3 to the writ petition. However, after lapse of the agreed period of five years, postal department continued to be in occupation of the disputed premises.;