GURMALA Vs. MOHD. ISHAQ

JUDGEMENT

(1.) Heard Sri A.K.Tiwari, learned counsel for the petitioners and Sri R.K. Tiwari, Advocate, holding brief of Sri A.N. Bhargava, Advocate, for the respondents. No other counsel is appearing on behalf of respondents.

(2.) This is a tenants' writ petition. The dispute relates to a shop having Municipal Number 77, Jawahar Chowk (Manik Chowk), Jhansi. It was earlier let out to one Sri Prem Chand Jain, husband of petitioner no. 1 and father of petitioners no. 2 to 4. Property had several owners. One Smt. Anwari Begum, widow of Sri Hazi Haidar Waheed, who had 1/3 share in the disputed property sold out her share to petitioner no. 1 vide sale deed dated 1.10.1991 and respondent no. 1, Mohd. Ishaq also transferred by sale his 1/3 share vide sale deed dated 1.12.1992. In the circumstances, petitioner no. 1 became owner of disputed shop to the extent of 2/3rd share. 1/3rd share remained in ownership of respondents 2 and 3.

(3.) Respondents 1 to 3, however, filed an ejectment suit no. 98 of 1995 on the ground of default in payment of rent since 1.10.1992, seeking ejectment of Sri Prem Chand Jain, husband of petitioner no.1. The suit was dismissed by Trial Court, i.e., Small Causes Court, Jhansi vide judgment dated 12.1.1999. It held that there was no relationship of landlord and tenant between the plaintiffs and respondent, Prem Chand; plaintiffs did not join another co-owner i.e. Smt. Gurmala, (petitioner no. 1) and, therefore, notice determining tenancy was illegal, and, since entire amount was already paid on the first hearing of suit, defendant was entitled for benefit against eviction under Section 20 (4) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972").