KISHAN LAL SINGHANIA Vs. DISTRICT JUDGE KANPUR NAGAR

JUDGEMENT

(1.) By the present petition under Art. 226 of the Constitution of India the order dated 15-7-1989 passed by the District Judge, Kanpur Nagar, rejecting the application filed by the petitioner for dismissing the suit filed by respondent No. 2 for ejectment and arrears of rent as in the said suit the relief for ejectment in same suit which was not permissible under law and the suit was bad for multifariousness of the cause of action.

(2.) The factual matrix of the case is that the plaintiff respondent No. 2 has filed a suit for ejectment and arrears of rent in repect of Flat No. 1 and Flat No. 2 on the third floor of House No. 26/41-42-43, Birhana Road, Kanpur. Flat No. 1 was let out to Ms. Singhania and Sons Pvt. Ltd. in June, 1959 for a rent of Rs. 200.00 per month which was later on enhanced to Rs. 260.00 and Rs. 270.00 per month. Whereas Flat No. 2 was let out to the same tenant on a rent of Rs. 175/ - and later on enhanced to Rs. 189.00 and Rs. 236.75.00 per month. But later on the present petitioner as Managing Director of the said firm was permitted to occupy the said flats by the landlord. However, the rent receipt was issued in the name of original tenant. There were arrears of rent hence a notice to terminate the tenancy was served on the tenant (Annexure 1) and as he failed to pay the rent or vacate the premises, hence the present suit was filed and the aforesaid objection was taken by the defendants about the maintainability of the suit.

(3.) Learned counsel for the petitioner urged that two accommodations, Flat No. 1 and Flat No. 2 were let out on different dates and different tenancy were created hence the cause of action for both the accommodations could not be joined by the plaintiff respondent No. 2 in the same suit, hence the same suit may be dismissed for misjoinder of the cause of action. Reliance was placed on Smt. Samundari Devi v. Nand Kishore, 1987 All LJ 255.