GANGA DEVI Vs. SAMPAT PRASAD AND ANOTHER

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) The petitioner claims that Sri Faqir Prasad, the real owner of the house in dispute had taken an advance deposit of rent of Rs. 50,000/- from the husband of the petitioner and issued the receipt of payment written and signed in his own writing on three revenue stamps. The receipt towards advance and payment of rent is appended as Annexure No. 1 to the writ petition. In this regard an agreement dated 9.2.1992 was prepared but said not to have been signed by the petitioner.

(3.) The contention of the learned Counsel for the petitioner is that Faqir Prasad landlord started pressurising the tenant for enhancement of rent upto more than four times and also tried to evict him from the accommodation in dispute. This compelled the petitioner to file a Civil Suit, being O.S. No. 78 of 2002 in the Court of Civil Judge ( J.D.), Bareilly, praying for a decree of permanent injunction restraining the landlord from forcibly evicting him from the accommodation in dispute except in accordance with law. Interim relief was granted to the petitioner in the said suit.