JUDGMENT

1. Heard Mr. Mr. Anil Kumar Joshi, the learned counsel for the petitioners, Mr. Suyash Pant, the learned Standing Counsel for the State, and Mr. Ravi Babulkar, the learned counsel for respondent no. 3.

2. In this writ petition, filed under Article 227 of the Constitution of India, the petitioners being defendants in SCC Suit No. 1 of 1992 of the Court of Judge, Small Causes (Munsif), Pithoragarh, has assailed the order passed by the Judge, SCC on 14.06.2005, giving directions to the petitioners to vacate the property and hand it over to respondent no. 3 which was partially modified by the revisional court.

3. The facts of the case may be summarized as follows:

Plaintiff/respondent no. 3 filed a suit under the Small Causes Court Act before the Judge, SCC, Pithoragarh, registered as SCC No. 1 of 1992. He sought for decree of eviction, arrears of rent and damages mainly on the ground that late Narendra Singh Bisht, Moti Devi and Chanchal Singh Bisht are the members of Hindu Joint Family and plaintiff/respondent no. 3 is managing the property of the family as manager in charge. The plaintiff further averred that occupier of the property, namely, Lashkaria Bhawan, and the petitio