CHANDRA PRAKASH GUPTA Vs. SHANTI DEVI (DEAD)

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are concerned with the proceedings initiated for eviction of a tenanted premises owned by the predecessor-in-interest of the respondent. The landlord and the tenant are no more, who are respectively represented by the appellants and the respondent herein, the legal representatives.

(3.) The owner filed a suit for eviction against the tenant before the Civil Judge (Senior Division) as Small Cause Case No.8 of 1988. The contention was that the tenant had defaulted the rent and despite notice, the default continued, upon which recovery of arrears of rent and eviction were sought. The arrears of rent as also the eviction were allowed by the Trial Court on 7/3/2007 granting the arrears of rent during the pendency of the suit as mesne profits, as per Annexure P3.