SHYAM BABU Vs. DISTRICT JUDGE, MORADABAD AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against the judgment of the district Judge, Moradabad dated 24th March, 1977 by which the appeal filed by the petitioner was dismissed and the order of the Prescribed Authority was affirmed. The facts which led to the filing of the present writ petition are these.

(2.) One Murari Lal was the owner of the disputed shop situated in Sheo Sahai Chatram Market Chadausi District Moradabad. He had four sons and a wife Shrimati Ram Kali. During his life time in 1937, a partition took place in between himself and his other family members. The shop in dispute fell in the share of Murari Lal and Narendra Mohan, his eldest son. After the death of Murari in 1960, the interest of the deceased Murari Lal in the said shop was inherited by Rejendra Kumar and Brijandra Kumar alongwith their brother Narender Mohan. It, however, appears that Krishna Kumar, respondent No. 20 who was the tenant of the premises inducted Shyam Babu, the petitioner into possession of a portion of the shop in dispute as a sub-tenant.

(3.) Rajendra Kumar and Brijendra Kumar filed suit No. 181 of 1968 in the Court of Munsif Chandausi for the arrears of rent and ejectment from the accommodation in dispute against Shyam Babu, the petitioner and Krishna Kumar, respondent No. 20. One of the grounds taken by the landlords was illegal sub-letting of the shop by Krishna Kumar, who pleaded that the sub-tenancy had been created with the consent of the landlords. The learned Munsif dismissed the suit on 24.4.73 holding that sub-tenancy had been created by Krishna Kumar with the consent of the landlords and, therefore, neither was Krishna Kumar nor Shyam Babu was liable to eviction on that ground.