JUDGMENT :

Ajit Kumar, J.

1. Heard Mr. Ashish Kumar Singh, learned counsel for the petitioners and Mr. Rajesh Kumar, learned counsel for the respondents and perused the record.

2. This petition arises out of an order dated 23.10.2019 passed by Additional District Judge, Court No. 14, Varanasi in Small Cause Revision No. 05 of 2019 affirming the judgment and decree passed by Judge, Small Causes, Varanasi dated 06.12.2018 in Small Cause Case No. 84 of 2008; Smt. Mahemunir and another vs. Salauddin and another .

3. Briefly stated facts are that landlord respondents instituted a case for eviction and recovery of arrears of rent in view of notice issued by them on 23rd September, 2008 determining the tenancy. In initial round of litigation, the trial court did not find the petitioners to be defaulter in payment of rent holding that sufficient deposits were made by them continuously in miscellaneous case instituted by the tenant petitioners filed under Section 30 (1) U.P. Act No. 13 of 1972 of which landlord had sufficient knowledge as he had filed objection to the same on 08.08.2000 itself prior to issuance of notice on 23rd September, 2008 and, therefore, neither the petitioners were in a