JUDGMENT :

1. Heard Sri Atul Dayal, learned Senior Counsel, assisted by Sri Prakhar Tandon, learned counsel for the petitioners-defendants and Sri. Sumit Srivastava, learned counsel for the respondents-plaintiffs.

2. Present petition has been filed seeking the following relief:

“i. Set aside the impugned order dated 16.08.2018 passed by learned trial court in SCC Suit No. 266 of 2007.

ii. Set aside the impugned order dated 15.12.2022 passed by the learned revision court in SCC Revision No. 120 of 2018.”

3. Since, only legal question is involved in this matter, therefore, with the consent of parties without inviting for affidavits, the matter is being decided at the admission stage itself.

4. Brief facts of the case are as follows:

5. The original landlord Late Sudha Mehra filed SCC Suit No. 266 of 2007 against the original tenant Late Munnu Lal seeking ejectment and recovery of arrears of rent upon which, defendant-original tenant has filed written statement in the year 2010. During the pendency of the suit, original plaintiff and defendant died and substitution applications had also been allowed.

6. Plaintiff-respondent filed application 58-Ga dated 09.07.2015 under Order XV Rule 5, CPC t