RAM KISHORE SETH Vs. RAM AVTAR

JUDGEMENT

(1.) This is second appeal against the judgment dated 19.4.1979 passed by IVth Additional District Judge, Lucknow in Regular Civil Appeal No. 130/1979: Ram Avtar v. Ram Kishore Seth and Ors. allowing the appeal and setting aside the judgment and decree dated 5.4.1977 passed by Munsif South, Lucknow in Regular Suit No. 784/68: Ram Kishore Seth v. Smt Godawari Devi.

(2.) In this appeal, I heard Shri S.K. Mehrotra, Advocate, for the defendant-appellant. In spite of the best efforts, the learned Counsel for the respondents did not appear to argue the appeal. Firstly, the matter was adjourned on the request of Shri B.K. Saxena, Advocate, Counsel for the respondents and then a notice was also sent to Shri B.K. Saxena, Advocate by the registry for 15.9.2004 when this appeal was listed for hearing. On 15.9.2004, also Shri B.K. Saxena did not appear. Therefore, the appeal was heard finally.

(3.) The case of the plaintiff-appellant is that Plot No. 120 measuring 2480 sq. ft. situated at Paliganj Ward, Hussainganj, Lucknow was let out to the late Shri Ramakant, husband of the respondent No. 2 Godawari Devi and father of the other respondents, on a monthly rent of Rs. 35/- for a period of four years in the year 1958 and this period of four years expired on 17.6.1962 and thereafter the defendants were tenant by holding over. The plaintiff-appellant determined the tenancy of the respondents on 29.2.1968 by serving a notice under Section 106 of the Transfer of Property Act. In spite of the service of notice, the defendants failed to vacate the land in suit. The plaintiff claimed Rs. 40.83 as rent and mesne profits for the period from 1.3.1968 to 5.4.1968 and Rs. 2 per day from 6.4.1968 to 14.10.1968 amounting to Rs. 384/-. In all, the plaintiff claimed the amount of Rs. 424.83/- alongwith the relief of ejectment.