MOHD ENAM KHAN Vs. SAYEED WILAYATUL HASAN

JUDGEMENT

(1.) THIS revision application under section 25 of Small Cause Courts Act is directed against the judgment and decree passed by the II Additional District Judge and Judge Small Cause Court, dismissing the plaintiff's suit for arrears of rent and ejectment against the defendants.

(2.) THE plaintiff came forward with the case that he was the sole owner and landlord of the premises in dispute and defendant Himayatul Hasan (now dead) was tenant at the rate of Rs. 35/- per month, but he could not pay rent since the year 1958 except a sum of Rs. 500/- inspite of repeated demand and representations. It was also stated that the defendant had sub-let two rooms to two different persons. Notice of ejectment was served on the defendant, but he neither vacated the premises in dispute nor paid rent, hence the suit.

(3.) THE trial court dismissed the plaintiff's suit by holding that he was not the sole owner of the Dermises in dispute and other co-owners were not impleaded as parties to the suit and he had no right to file the suit. THE trial court further held that the plaintiff failed to prove the case of sub-tenancy and his claim was barred by time and was not cognizable and further the plaintiff alone was not the owner of the house in dispute and as such notice given by him was illegal and the suit was bad for non-joinder of necessary parties.