HAR PRASAD Vs. IST ADDL DISTRICT JUDGE ETAH

JUDGEMENT

(1.) S. U. Khan, J. Raghunandan Prasad father of respondent Nos. 2 and 3 filed a suit for ejectment against tenant- petitioner before J. S. C. C. Etah being S. C. C. Suit No. 79 of 1975. During the pendency of suit Raghunandan Prasad died and respondent Nos. 2 and 3 his sons were substituted at his place as plaintiffs. In the suit recovery of arrears of rent was also prayed for.

(2.) DURING the pendency of the suit plaintiffs had transferred the property in dispute to Moti Lal and others through sale deed dated 28-3-1978. Transferees applied for their substitution/impleadment in the suit. Their application was rejected by the Trial Court (according to the judgment of the Revisional Court application was rejected on the objections of the plaintiffs.) Trial Court held that notice was served upon the tenant petitioner and he was in arrears of rent. However, under issues No. 3 and 4, it was decided in favour of the tenant petitioner that his defence was not liable to be struck off and he was entitled to the benefit of Section 20 (4) of U. P. Act No. 13 of 1972 as entire arrears of rent etc. had been deposited on the first date of hearing. It was further held that as plaintiff had sold the house in favour of Moti Lal and others on 28-3-1978 hence decree for ejectment could not be passed in favour of the plaintiff. The plaintiff was held entitled for decree of recovery of arrears of rent. The suit was decided on 31-10-1980.