EUGENE NURSERY AND PRIMARY SCHOOL Vs. BHAGWATI PRASAD

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) This is tenants' writ petition arising out of suit for eviction instituted against them by the landlord respondent No.1 since deceased and survived by legal representatives on the ground of subletting in the form of S.C.C. Suit No.20 of 1987, Bhagwati Prasad Vs. Smt. C.V. Eugene and another. Initially the suit was decided on 19.01.1994, however the said judgment and decree was set aside by lower revisional court/ A.D.J. through order dated 30.11.1996 and matter was remanded to the trial court. After remand, J.S.C.C., Lucknow through judgment dated 10.09.2003 decreed the suit. Against the said decree petitioners filed S.C.C. Revision No.75 of 2003, which was dismissed on 14.01.2004 by A.D.J., Court No.8, Lucknow, hence this writ petition.

(3.) Property in dispute is a house bearing No.274/402, Rajednra Nagar, Lucknow containing five rooms, verandahs and other amenities. Rent is Rs.550/- per month. Rent note was executed on 31.05.1967. It was stated in the plaint that defendant No.1, Smt. C.V. Eugene, who died during proceedings before the courts below and was substituted by her son Anand Eugene, had sublet the premises to defendant No.2, Eugene Nursery and primary School Society. Notice of termination of tenancy was given on 23.01.1987. Until then there was no default in payment of rent as according to the plaint allegations rent had not been paid since January, 1987.