DINESH CHANDRA JOSHI Vs. MEERA DEVI

JUDGEMENT

(1.) By means of the present writ petition the petitioner has challenged the validity and correctness of the common judgment and order dated 12.5.2006 passed by the Addl. District Judge, Court No. 1, Jhansi in SCC Revision Nos. 40 of 2003 (Dinesh Chand Joshi v. Smt. Meera Devi) and SCC Revision No. 47 of 2003 (Smt Meera Devi v. Dinesh Chand Joshi) arising out of judgment & decree dated 5.7.2003 passed by the Judge Small Causes, Jhansi in SCC Suit No. 107 of 1997, whereby the suit filed by the respondent landlady for arrears of rent and ejectment was decreed. The facts of the case, as set out in the writ petition, are recapitulated as follows:

(2.) Mr. Moti Lal was, admittedly, the owner of house No. 129, inside Laxmi Gate, Jhansi. Chokhey Lal, father of the petitioner was a tenant of the disputed house and after the death of Chokhey Lal, the petitioner became the tenant. Moti Lal, the owner and landlord of the property in dispute died on 8.2.1982 leaving behind his widow Smt. Gomti Bai, daughter in-law Smt. Meera Devi (widow of predeceased son Ram Sewak who died in the year 1944) and two daughters namely Smt. Deva and Brij Kishori alias Kalla.

(3.) After the death of landlord, Moti Lal, on the basis of alleged will dated 4.2.1982, his widow Smt. Gomti Devi, daughter-in-law respondent/plaintiff Meera Devi and his two daughters Smt. Deva and Smt. Brij Kishori alias Kalla came in possession as co-landlords & co-owners of the disputed premises.