RAM SEVAK Vs. PRAMOD KUMAR

JUDGEMENT

(1.) This writ petition has been filed against the concurrent judgment and orders dated 31.8.2010 and 25.11.2004 passed by the Additional District Judge/Small Causes Court, Court No. 9, Kanpur Nagar and Small Causes Court whereby the suit of the plaintiff for arrears of rent and ejectment has been decreed. The brief facts of the case are as follows;

(2.) The suit for arrears of rent and ejectment was filed by one Ram Krishna Agarwal against the petitioner. The suit was decreed ex parte against the petitioner. Thereafter, a restoration application along with an application under section 17 of the Provincial Small Causes Courts Act, 1887 (In short 'Act 1887' was filed which was allowed, and the suit was restored to its original number. During the pendency of the suit Ram Krishna Agarwal died. Thereafter, on the basis of the Will, his wife Smt. Gomti Devi was substituted in his place who died issueless consequent to which the property was succeeded by her brother-in-law (husband's brother) Hari Narain. Thereafter, Hari Narain also expired and Pramod Kumar was substituted in his place on the basis of the Will left by Hari Narain in his favour.

(3.) The written statement was filed by the petitioner stating that the property in dispute belonged to the Trust and that Ram Krishna Agarwal was merely the Sarwarakar of the Ram Krishna Janki Trust and not the owner of the suit property. In fact he was paid rent regularly as the Manager of the trust. The petitioner also challenged the Will executed by Ram Krishna Agarwal. The suit was decreed by the Trial Court holding that the property in question originally belonged to Ram Krishna Agarwal, and after the death of Ram Krishana Agrawal and Gomti Devi it was bequeathed to the present plaintiff, Pramod Kumar by Hari Narain through a Will. Being aggrieved by the order of the Trial Court, a revision was filed which was also dismissed. Hence, the present writ petition.