The writ petition arose in the following manner A suit was filed by the landlord respondent before a learned Judge of the Small Causes Court at Allahabad for eviction of the appellants and also for arrears of rent, inter alia, on the ground that the appellant No.1 was a defaulter in payment of rent in respect of No.39 B, Allahabad Agricultural Institute, Naini hereinafter referred to as the suit premises and in view of Section 2 1 b read with Section 3 q of the U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 in short the U.P. Act , the appellant No.1 was number entitled to occupy the suit premises after termination of his employment.
Before the High Court, it is an admitted position that the order of remand was challenged at the instance of the appellants.
Judgment and decree passed by the trial companyrt is set aside.
By the impugned final judgment, the High Court had allowed the writ petition filed by the landlord respondent No.3 and the suit of the landlord for eviction and for recovery of arrears of rent was decreed.
This appeal is directed against the final judgment and order dated 23rd of October, 2008 passed by the High Court of Judicature at Allahabad in Writ Petition No.5158 of 1989.
The High Court by the impugned order had set aside the order of the revisional companyrt and allowed the eviction petition by passing a final order in the following manner Accordingly, writ petition is disposed of.
It is this order which was challenged by the appellants by way of a special leave petition which on grant of leave was heard in presence of the learned companynsel for the parties.
Against the aforesaid order of remand passed by the revisional companyrt, the appellants filed a writ petition challenging the aforesaid order of remand.
By an order dated 25th of January, 1989, the said revision case was allowed and the matter was remitted back to the trial companyrt to decide the case afresh stating that the finding was number recorded on a proper appraisal of the entire evidence on record and accordingly the learned Judge of the Small Causes Court had acted illegally and with material irregularity in the exercise of his jurisdiction.
Suit of the plaintiff for eviction and for recovery of arrears of rent is decreed.
Revision filed by landlord respondent No.3 is allowed.
Leave granted.
Feeling aggrieved, the landlord respondent preferred a revision case before the District Judge, Allahabad.
Accordingly, the suit was dismissed on the aforesaid grounds.
