SMT. SAVITRI DEVI Vs. RAM KRISHNA AND OTHERS

JUDGEMENT

(1.) These are three connected second appeals arising out of three suits. Briefly the facts are as follows;- The property in dispute is house No. 5 situate in mohalla Ganesh Mariya, Jhansi. Smt. Savitri Devi is the landlord and she let out the house to Ram Krishna on a rent of Rs. 15/- per mensem. Ram Krishna fell in arrears from 1st Oct., 1963 to 31st Jan., 1966 and, therefore, Smt. Savitri Devi gave a composite notice of demand and termination of tenancy on 20th Feb., 1966, which was served on Ram Krishna on 21st Feb., 1966. Ram Krishna did not comply with the notice of demand as such Smt. Savitri Devi filed suit No. 314 of 1966 against Ram Krishna for arrears of rent and ejectment in respect of the house in dispute.

(2.) In accordance with the terms of the agreement between Smt. Savitri Devi and Ram Krishna one Kothri in the house in dispute was in possession of Smt. Savitri Devi. Since it was alleged that Ram Krishna interfered with her possession she filed Suit No. 234 of 1968 for a permanent injunction restraining Ram Krishna from interfering in her possession over a kothri which existed within the aforesaid house by breaking open the lock or in any other forcible means.

(3.) Ram Krishna by a registered sale deed dated 21st Dec., 1965 purchased two third share of the property in dispute from Smt. Makhan and Mahabir as it was alleged that Smt. Makhan and Mahabir were owners of two third share in the property. The pedigree set up was as follows: ...[VERNACULAR TEXT OMITTED]...