RAM DEO TRIPATHI Vs. MUNNILAL BHARGULATI AND ORS.

JUDGEMENT

(1.) The petitioners being aggrieved by the judgment and decree dated 31.03.1981 passed by the Judge Small Causes Court, Lucknow in S.C.C. Suit No.2895 of 1974 and judgment and decree dated 15.04.1983 passed by the Additional District Judge, Lucknow in Civil Revision No.201 of 1982, have filed this writ petition.

(2.) The opposite party no.1 Shri Munnilal Bhagwati Prasad Dharamshala Trust filed a suit being S.C.C. Suit No.2895 of 1974 in the Court of Judge Small Causes Court, Lucknow for ejectment, recovery of arrears of rent and mesne profits on the ground of default committed by the petitioners. It was alleged that the original petitioner namely Ram Deo Tripathi was a tenant @ Rs.46/- per month, which was enhanced to Rs.62.10 paisa per month after coming into force of U.P.Act No.13 of 1972. The Trust had purchased the property in the year 1960 and thereafter the petitioner-tenant had sent only Rs.902.20 paisa by money order and thereafter deposited a sum of Rs.1,978/- in the Court of Munsif North, Lucknow but thereafter nether any rent was deposited by the petitioner-tenant nor the same was paid to the opposite party no.1 landlord. The suit was contested mainly on the ground that the notice was not served before filing of the suit and it was also pleaded that the original-tenant was the firm namely M/s. Laxmi Rasayanshala in which the petitioners are the partners. It was further alleged that the tenancy was for the manufacturing purposes. It was pleaded that the suit in respect of a part of the tenanted premises was not maintainable. Learned Judge, Small Causes Court framed points for determination and after hearing came to the conclusion that the petitioner namely Ram Deo Tripathi alone was tenant of the premises in question and there was no defect of non-joinder of necessary parties. The learned trial court further found that the tenant was duly served with the notice and he has committed default in payment of rent. He was therefore liable to be ejected.

(3.) Aggrieved by the judgment and decree passed by the learned Judge, Small Causes Court, the petitioner filed a revision before the District Judge, which was heard and dismissed by the 7th Additional District Judge, Lucknow by the judgment and decree dated 15.04.1983.