MANOJ KUMAR GUPTA, J.

1. Heard learned counsel for the parties.

2. The petitioners have called in question the judgment and decree dated 31.1.2012 passed by the District Judge, Jalaun at Orai in JSCC Revision No.1 of 2018, whereby the revision filed by the respondents (tenants) has been allowed and the judgment and decree dated 22.12.2007 passed by the Judge Small Causes Court decreeing the suit for eviction and recovery of arrears of rent has been set aside.

3. The facts in brief necessary for disposal of the instant petition are that the suit in question was instituted by Shiv Shankar Mishra, the predecessor-in-interest of the petitioners against Ibrahim Ansari, the predecessor-in-interest of the defendant-respondents. Both the original plaintiff and defendant have died during pendency of the proceedings and the petitioners and respondents herein were substituted in their place. According to the plaint case, the shop Gaddi No.2, alongwith open land measuring 27 feet x 18 feet was let out to the original defendant. The monthly rent was Rs.37/-. It was alleged that there was default in payment of rent by the defendant from 1.10.1994 to 30 April 1996 amounting to Rs.703/-. A