SHANTI DEVI Vs. GOPAL NARAIN MISRA

JUDGEMENT

(1.) THESE are connected revisions arising out of a common judgment.

(2.) BRIEFLY stated the plaintiff's case is that there is a premises No. 133/10, M-Block situate in Quidwai Nagar, Kanpur. According to the plaintiff, that block consists of three shops one of which was let out to Laxmi Shanker Tewari in September, 1967, and the adjoining shop was let out to gopal Narain Misra in 1970. The rent payable by Laxmi Shanker Tewari was Rs. 100/- per month while the rent payable by Gopal Narain Misra was Rs. 150/- per month. It is alleged that Laxmi Shanker Tewari had sublet his shop to Gopal Narain Misra who converted both the shops into one by demolishing the intervening wall. Gopal Narain Misra had not paid rent from 1.7.1975 nor he had paid water tax from 15.7.1975 nor drainage tax from 1.4.1976. As such a notice dated 1.6.1976 was served upon him terminating his tenancy.

(3.) ANOTHER suit No. 580 of 1977 was filed by the plaintiff in the Court of Judge, Small Cause, Kanpur on 19.4.1977 for ejectment of Laxmi Shanker Tewari and for recovery of Rs. 2093.33 as arrears of rent, Rs. 43.75 as arrears of water tax, Rs. 114.66 as arrears of drainage tax. Damages for use and co-occupation was also claimed.