B.K.NARAYANA, J. - (1.) HEARD Sri S.K. Mehrotra, learned counsel for the petitioners, Sri Vinod Pandey, learned counsel for the opposite party No.1 and learned Standing Counsel for the opposite parties No.2 and 3.
(2.) THIS writ petition has been filed by the petitioners for quashing the order dated 17.03.2009 passed by Civil Judge (Junior Division), Haveli, Faizabad and the order dated 15.04.2009 passed by the District Judge, Faizabad rejecting the revision preferred by the petitioners against the order dated 17.03.2009 as not maintainable. Brief facts of the case are that the petitioners filed a suit in the court of Civil Judge (Junior Division), Haveli, Faizabad being Original Suit No.322 of 2007 alleging themselves to be the tenant of the premises in dispute for a decree of permanent injunction restraining the defendant-landlord from dispossessing the petitioners from the premises in dispute except in accordance with law. In the said suit a counter claim was filed by the opposite party No.1 alleging that the petitioners were not the tenants of the disputed property but were in unauthorized occupation thereof and hence a decree for possession be passed in favour of the defendant-landlord.
(3.) THE petitioners filed their written statement in reply to the counter claim denying the allegations contained in the counter claim and further alleging that the suit property in the counter claim has been undervalued, court fee paid is insufficient and the court has no pecuniary jurisdiction to try the counter claim.;