RAJ BALI SINGH Vs. RADHIKA PRASAD

JUDGEMENT

(1.) Defendant Nos. 2 and 3 of SCC Suit No. 18 of 1985 that had been filed by Radhika Prasad (since deceased) for ejectment of the defendants and for recovery of arrears of rent for the reason that defendant No. 1 had sub-let the premises to defendant Nos. 2 and 3, have filed this petition with the following reliefs :

(2.) It transpires that Radhika Prasad Agarwal (since deceased) had filed SCC Suit No. 18 of 1985 against Ram Prasad Tiwari (defendant No. 1), Raj Bali Singh (defendant No. 2/petitioner No. 1 who has been substituted by his legal heirs and representatives) and Yaduraj Singh (defendant No. 3/petitioner No. 2) for ejectment and recovery of arrears of rent with the allegation that the house had been given on rent to defendant No. 1-Raj Bali Singh but rent with effect from 1st January, 1978 to 31st August, 1984 had not been paid; that defendant No. 1 permitted defendant Nos. 2 and 3 to occupy the house even though they were not members of the family and that the notice dated 8th April, 1985 was sent to defendants for termination of the tenancy and for arrears of rent but despite termination of the tenancy, the defendants did not vacate the house and nor did they pay the arrears of rent.

(3.) A written statement was filed on behalf of defendant No. 1 in which he admitted that he had initially allowed defendant Nos. 2 and 3 to occupy the accommodation let out to him by the plaintiff and subsequently sub-let it to them on monthly rent of Rs, 40/- and Rs. 30/- respectively. A written statement was also filed on behalf of defendant Nos. 2 and 3. It was stated by them that the plaintiff was not the owner of the house; that defendant Nos. 1 was not the tenant and they were never allowed by defendant No. 1 to occupy the accommodation and that defendant Nos. 2 and 3 were residing in the house as owners.