GOPAL LAL Vs. ADDITIONAL DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner -tenant against the order dated 14 -9 -2001, Annexure 2 to the writ petition passed by the Revisional Court, whereby the revisional court has allowed the revision filed by the Respondent No. 2 and set aside the order dated 27 -3 -1999 passed by the trial Court.

(2.) THE facts leading to filing of the present writ petition are that the landlord -Respondent No. 2, Sharad Chandra Mishra filed a suit bearing Suit No. 156 of 1994 for ejectment of the petitioner -tenant from House No. CK -32/1, 2, 3, Mohalla Nepali Khapra, Varanasi which is a non -residential accommodation in which one late Smt. Gangajali was the tenant. Originally it was let -out to Kedar Nath, who was tenant and after his death, tenancy was inherited by his wife. Kedar Nath had no offspring and the petitioner is his foster son. Gangajali died and the petitioner who is foster son continued in possession and he claimed inheritance in tenancy firstly on the ground of his being foster son and secondly on the strength of a will executed by Gangajali. The trial Court decreed the suit in part for arrears of rent holding the petitioner to be the heir who inherited the tenancy. Aggrieved thereby the plaintiff -landlord approached the revisional Court. The revisional Court after considering the material and evidence available on record allowed the revision by setting aside the order of the trial Court dated 27 -3 -1999 and the suit of the plaintiff -landlord was decreed for eviction of the petitioner -tenant. It is this order which has been challenged by the petitioner -tenant by means of the present writ petition.

(3.) IN this view of the aforesaid law laid down by the Hon'ble Supreme Court, petitioner can be said to be entitled to inherit the tenancy right of deceased Gangajali. So far as the right to inherit the property of deceased Gangajali is concerned the petitioner cannot claim any inheritance on the basis of a registered will said to have been executed as the will has neither been probated nor letters of administration has been issued.