A.B. Srivastava

1. BY means of this writ petition the petitioners have sought quashing of judgment and order dated 17-2-1993 of the J.S.C.C. Gorakhpur decreeing the suit for their eviction and order dated 28-10-1993 of the First Additional District Judge Gorakhpur confirming the same in revision.

2. THE premises in question situate in Mohalla Muftipur in the city of Gorakbpur fully described at the foot the plaint was in the teancy of late Parmatma Prasad Srivastava who died pendentelite and his widow and two sons the present petitioners were brought on record as his legal representatives. THE rate of rent per month was Rs. 23.25. P. THE suit was filed impleading the tenant Parmatma Prasad Srivastava as defendant no. 1 and Balram Srivastava the respondent no. 4 as defendant no. 2 with the allegations that the tenant was in arrears of rent for more than four months since February 1983 which he did not pay despite demand. He has sublet the premises to the defendant no. 2 Balram Srivastava without any permission from the landlord and does not himself now live in this house and a notice of demand and termination of tenancy dated 21-7-1983 was served on the defendant no. 1 who fa