KALLAN Vs. DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution arising out of proceedings in Suit No. 633 of 1977 filed by opposite party No. 3 against the petitioner for ejectment and arrears of rent and damages. The premises in dispute is 16/11 Colvin Road, Allahabad. The case of opposite party No. 3 landlord was that the petitioner was a tenant in the premises in dispute at the rate of Rs. 40 per mensem and since he did not pay the rent in spite of a notice of demand he was a defaulter in the eye of law. The suit was contested by the petitioner on the ground that the rate of rent was Rs. 150 per mensem and not Rs. 40 as alleged by the landlord. It was also contended that opposite party No. 3 was not the owner and landlord of the disputed premises and Sri A.K. Agarwal was also the owner of the disputed premises.

(2.) The Judge Small Cause Court held that opposite party No. 3 was the landlord of the premises and the rate of rent was Rs. 40 per mensem. It was, therefore, held that the petitioner was a defaulter and the suit was consequently decreed by the court by judgment dated 22nd Nov., 1978. Against the judgment dated 22nd Nov., 1978 a revision was filed by the petitioner under Section 25 of the Provincial Small Cause Courts Act. The revision was dismissed by the District Judge, Allahabad, on 19th Jan., 1979. Against the decision dated 19th Jan., 1979 the present petition has been filed.

(3.) Learned counsel for the petitioner has urged that the present suit was not maintainable as A.K. Agarwal, who was one of the co-owners of the disputed premises has not filed the suit.