SHEKHAR BAHUGUNA Vs. SURESH CHANDRA KAPOOR

JUDGEMENT

(1.) HON'ble Prakash Krishna-This is tenant's revision under Section 25 of Provincial Small Cause Courts Act. Original Suit No. 6 of 1992 was instituted by the plaintiff landlord opposite party herein for recovery of arrears of rent, damages and ejectment of the defendant tenant applicant in respect of house No. 16, Nyay Marg (12-B Hastings Road), Allahabad which has been decreed on 23rd of September, 2009 by the order under revision.

(2.) THOUGH it was a simple suit of small cause nature for recovery of arrears of rent and ejectment by landlord against the tenant, but it took about 17 years in its disposal.

(3.) THE suit was instituted on the pleas inter alia that the property in dispute which is a big bungalow having twelve big rooms, one garage, two big verandah, a big kitchen, two servant quarters alongwith luxurious amenities with open space in front and behind the house was let out to late Hemwati Nandan Bahuguna who had paid the rent up to February, 1989 and died in the month of March, 1989. After his death his sons and widow namely Smt. Kamla Bahuguna and Shekher Bahuguna without any notice to the plaintiff got the said house allotted by the Rent Control and Eviction Officer vide order dated 31st of March, 1989. THE defendants are in arrears of rent since March, 1989 to March, 1992 amounting to Rs.55,500/-. It was further pleaded that none of the defendant has been residing permanently in the premises in question since 1975 when late Hemwati Nandan Bahuguna became Chief Minister of U.P. THE defendants are unnecessarily keeping the said bungalow in their occupation although late H.N. Bahuguna during his life time had agreed to vacate the said premises but he could not fulfil his promise as he thereafter, fell ill and subsequently died. Keeping in view the good relations with late H.N. Bahuguna, he did not ask for the return of suit premises immediately after the death of late H.N. Bahuguna. Smt. Kamla Bahuguna has permanent residence at Delhi. She has also accommodation in her own name at Lucknow. Sri Shekhar Bahuguna (the lone contesting defendant) is also permanently residing in palacious residence in Delhi as well as in Lucknow. He occasionally visits Allahabad and resides in the suit premises during election period. It was further stated that the other son of original tenant namely Justice Vijai Bahuguna has purchased a plot in front of Akashpuri near Nyay Marg Crossing from Sarva Hitkarini Sahkari Samiti, Nyay Nagar, Allahabad. Even otherwise also, he would be allotted shortly a Government accommodation being Judge of Allahabad High Court.