HARI SHANKAR DUBEY Vs. PRATAP SHANKAR

JUDGEMENT

(1.) This writ petition has been filed against the judgment and order dated 28.2.2012 passed by the District Judge, Banda upholding the order dated 28.7.2011 passed by the Civil Judge, Senior Division, Banda whereby the suit filed for arrears of rent and ejectment was decreed. Learned counsel for the petitioner has submitted that the finding recorded by the court below is illegal, arbitrary and is based on complete misreading of the case and misconception of legal position relevant to the matter and has not considered the matter in the right perspective. He further submitted that the respondent was not the sole landlord of the premises in fact the premises was let out to the petitioner by the respondent and his brother, Pran Nath. It was further submitted that L 52,000/- which was spent by him for repairing and renovating the disputed premises was neither reimbursed nor was adjusted in the rent.

(2.) Per contra, learned counsel for the respondent has supported the impugned orders passed by the court below and has submitted that the courts below have very categorical recorded the finding of fact and held the petitioner to be a defaulter in payment of rent. It was further submitted that the orders passed by the courts below are just and proper and the same do not suffer from any illegality warranting any interference by this court. It was further submitted that the agreement dated 27th June 1984 at the time of letting out the disputed premises was entered into between the plaintiff whereby petitioner had attorned the plaintiff-respondent as his sole landlord and privity of contract was between the petitioner and the plaintiff.

(3.) Heard the learned counsel for the petitioner and perused the record.