MAHENDRA PRATAP SRIVASTAVA Vs. ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri Dwijendra Mishra, learned counsel for tenant petitioner and Sri Prashant Kumar, learned counsel for landlords respondents No.3 & 4.

(2.) This is tenant's writ petition arising out of S.C.C. Suit No.38 of 1995, Ram Piyare Srivastava Vs. Mahendra Pratap Srivastava. Ram Piyare Srivastava is opposite party No.4 in the writ petition. Opposite party No.3 is son of Ram Piyare Srivastava. Plaintiff Ram Piyare Srivastava claimed that he had purchased the house in dispute from its previous owner Smt. Ishwardei in 1976. Petitioner was continuing as tenant since before its purchase by opposite party No.4. According to the petitioner his tenancy started w.e.f. 01.01.1976. In the plaint it was also alleged that defendant was defaulter in payment of rent sine January, 1990 and had also denied the title of the plaintiff. Relief of eviction and recovery of arrears of rent against tenant petitioner was sought.

(3.) Previous owner Smt. Ishwardei died in 1978 leaving behind Ram Samoojh as his legal representative.