SAMAR PAL SINGH Vs. CHITRANJAN SINGH

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 20.12.2011, passed by the High Court of Judicature at Allahabad in Civil Revision No. 8 of 1990 whereby the revision filed by the defendant No.1 is allowed, and order of eviction against the tenants passed by Judge, Small Causes Court/Xth Additional District Judge, Meerut, is set aside.

(2.) We have heard learned counsel for the parties and perused the papers on record.

(3.) Brief facts of the case are that plaintiff No.1/appellant is owner and landlord of house bearing municipal no. 831 (old no. 446), situated in Mowana, District Meerut. The house was let out to Nawab Singh (father of the respondents) and a rent note (Annexure P-2) was executed on 15.02.1975. The building under lease consists of ground floor used for commercial purposes and the first floor for the residential purpose. It was pleaded by the plaintiffs that the defendants stopped payment of rent of the building, after August, 1981. Consequently, a notice on 16.08.1982 was served on the defendants, and when they failed to pay rent within one month of service of notice, a suit for eviction and recovery of arrears of rent was filed by the plaintiffs before Judge, Small Causes Court/District Judge, Meerut.