- (1.)In this writ petition on 14.8.2013 following order was passed:-
"Heard Sri M.A. Khan, learned counsel for the petitioner and Sri S.K. Mehrotra, learned counsel for respondent, who appears through caveat.

Sri Mehrotra, learned counsel for respondent states that he does not propose to file any counter affidavit and entire writ petition might be disposed of at the admission stage.

Judgement reserved.

Until delivery of judgement petitioner shall not be evicted from the shop in dispute."

(2.)This is tenants writ petition arising out of SCC Suit No. 6 of 2005 instituted by landlord respondent no.2 Jagannath against them for their eviction from the tenanted accommodation in dispute which is a shop. According to the plaint allegation in brief Ashok Kumar defendant petitioner no.1 was the tenant on behalf of previous owner of property in dispute Sri Krishna Gopal Nigam from whom the plaintiff respondent no.2 purchased the property in dispute through registered sale deed dated 24.8.2005. The ground of eviction mentioned in the plaint was subletting of the tenanted accommodation by tenant petitioner no.1 to his real brother Chunni Lal petitioner defendant no.2. It was further asserted that Ashok Kumar had completely withdrawn himself from the business carried out from the premises in dispute and shifted his business/shop situate in his residence.
(3.)Before filing the suit tenancy was terminated through notice dated 01.10.05.