TAMANNA BANO ALIAS SADHANA DEVI Vs. IMRAN AHMAD

JUDGEMENT

(1.) HEARD counsel for the petitioner, Sri A.K. Srivastava appearing for caveator respondents and perused the record.

(2.) THE petitioner claims herself to be tenant in house No. C20/2-X-4, Mohalla Habibpura, Nai Pokhari, Varanasi City. Case set up by the petitioner in the Court below is that she was a tenant of Smt. Rewati Devi wife of Sri Vishnu Gopal Srivastava at the rate of Rs. 140/- per month till her death. THEreafter the rent was paid to her heirs and legal representatives namely Suresh Srivastava, Dinesh Srivastava and Ramesh Srivastava, sons of Vishnu Gopal Srivastava.

(3.) THE application was contested by the petitioner by filing her objection stating therein that she is a tenant in the premises in question since the year 1974, has been continuously paying rent to its erstwhile owner Smt. Rewati Devi at the rate of Rs. 100/- per month including electricity charges at the rate of Rs. 40/- per month. It is also stated that since rent receipts were not issued by the erstwhile owner, the tenant petitioner was continuously depositing rent at the rate of Rs. 140/- in case No. 548 of 1996, Tamanna Bano and others v. Rewati Devi, under Section 30(1) of U.P. Act No. 13 of 1972.