RAGHURAJ SINGH Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is tenant's writ petition arising out of O.S. No.139 of 1990 initiated against him by landlord respondent No.3, Sitaram Sahi for eviction on the ground of default. First Additional J.S.C.C., Kanpur Nagar decreed the suit through judgment and decree dated 24.01.1996. Against the said decree, tenant petitioner filed S.C.C. Revision No.26 of 1996, which was dismissed on 10.10.1996 by 14th A.D.J., Kanpur hence this writ petition.

(3.) Landlord respondent No.3 purchased the property in dispute from its previous owner through registered sale deed dated 26.06.1989. Petitioner was continuing as tenant since before that. Property in dispute consists of two rooms on the ground floor. Landlord had asserted that rate of rent along with taxes etc. was Rs.36.50 per month. However, tenant pleaded that it was only Rs.26.50 per month. In this regard both the courts below found the version of the tenant to be correct.