RAMJI GUPTA Vs. GOPI KRISHAN AGRAWAL

JUDGEMENT

(1.) ANJANI Kumar, J. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners, who are the tenants of the accommodation in dispute. The petitioners have challenged the order passed by the Revisional Court dated 20th April 2001 whereby the revisional Court has set aside the judgment and decree passed by the trial Court decreeing the suit filed by the respondent-landlord for eviction of the petitioners and for damages.

(2.) THE brief facts, giving rise to the filing of the present writ petition are that the landlord filed a suit before the trial Court on the ground that petitioner-tenants are liable to be evicted as they are in arrears of rent and have not paid the same and damages made by alteration. Defendant filed a written statement. After considering the pleadings of the parties issues were framed by the trial Court. One of the issues was whether relationship of landlord and tenant exists between the parties. Apart from the issues trial Court considered that (i) whether petitioners have paid the rent or not; (ii) whether notice is valid or not; (iii) whether suit is barred by time under the provisions of Section 23 (2) of the Provincial Small Cause Courts Act, 1887, hereinafter called the 'act', and (iv) question of title if so, its effect. THE trial Court by its judgment dated 15th May, 1999 dismissed the suit.

(3.) LEARNED Counsel for both the sides relied upon the decision in their favour. One of the decisions relied upon by the learned Counsel of the petitioners is reported in 2001 SAR (Civil) 856. Smt. Palchuri Hanumayamma v. Tadikamalla Kotlingam (D) by Lrs. & Ors. , in which it has been held that the husband executing a Will giving life interest to his wife and then to all his three daughters will not affect in view of the Section 14 of Hindu Succession Act, 1956.