SHANTI DEVI Vs. DEVI PRASAD GUPTA

JUDGEMENT

(1.) This is tenant's writ petition arising out of S.C.C. Suit No. 128 of 1979 on the file of J.S.C.C.. Gorakhpur instituted by landlord respondent No. 1. The said suit was filed for eviction of the tenant petitioner from the tenanted accommodation on the ground of default and for recovery of arrears of rent and water tax due till the date of filing of the suit, pendente lite and future. The rate of rent is Rs. 32 per month. In the plaint it was alleged that rent was due since May, 1977. Tenant petitioner asserted that she had paid rent till October, 1978.

(2.) In the plaint ground of subletting was also taken but the said issue was decided against the plaintiff and that is no more res-integra.

(3.) Regarding period of default trial court/J.S.C.C., Gorakhpur held that the version of the plaintiff was correct and defendant was defaulter since May, 1977.