Arun Bhansali, J. - (1.) THIS writ petition under Article 226 and 227 of the Constitution of India has been filed by the petitioner aggrieved against order dated 08.03.2013 passed by the trial court, whereby, the application filed by the petitioners under Section 114 of the Transfer of Property Act, 1882 ('the Act') has been rejected.
(2.) THE suit was filed by the respondent -plaintiff for eviction of the petitioners from the suit premises; it was, inter alia, indicated in the plaint that the suit property was let out by way of an oral agreement accompanied with delivery of possession; the defendants neither paid nor tendered agreed rent and committed default; a notice dated 27.08.2010 under Section 106 read with Section 111(h) of the Act was issued and the tenancy was terminated; based on the said averments, the plaintiff sought possession of the suit shop, arrears of rent and damages for use and occupation. A written statement was filed by the petitioners disputing the averments made in the plaint; whereafter the present application under Section 114 of the Act was filed with a contention that the suit has been filed for forfeiture on account of default and, therefore, the petitioners were prepared to pay the rent of Rs. 20,000/ - along with interest @ 6%, expenses and the same may be paid to the plaintiff and the suit be dismissed.
(3.) A reply to the application was filed by the plaintiff denying the averments made in the application, inter alia, indicating that the tenancy has been terminated by notice and the application be dismissed.;