ASHWANI KUMAR KOHLI Vs. RAJESH PRASAD AGRAWAL

JUDGEMENT

(1.) All these three revisions were heard together and they arise out of judgment dated 31st of May, 2011 passed by the Judge, Small Causes Court/Additional District Judge, Court No.10, Kanpur Nagar in SCC Suit No.56 of 2004.

(2.) Revision No.327 of 2011 has been preferred by the tenant against his eviction decree, passed in favour of two landlords namely Rajendra Prasad Agrawal and Om Prakash Agrawal. It was treated as lead case by the learned counsel for the parties. The defendant tenant who has filed the above revision , hereinafter referred to as tenant and the plaintiff landlords hereinafter referred to as landlord No.1 Rajesh Prasad Agrawal and landlord no.2 Om Prakash Agrawal.

(3.) The property no.562 A, S.K. Building Rail Bazar situate just opposite to Kanpur Railway Junction, a three storeyed building is the subject matter of the dispute between the parties. Indisputably, the landlords are owners of the property in question. It consists of one big hall on ground floor, store and kitchen, twelve rooms on the first floor and one big hall on the second floor. In the year 1946 the said property was let out on a monthly rent of Rs.1,000/- to late Munshi Ram Kohali, father of the present tenant, by Kamta Prasad, the ancestors of landlords.