SHISHU KUMAR Vs. GANESH NARAIN AND ORS.

JUDGEMENT

(1.) Both the writ petitions arise out of the same judgment and order passed by the Civil Judge, Barabanki and 1st Additional District Judge, Barabanki, and as such for the sake of convenience both the writ petitions are being decided together by a common judgment.

(2.) The brief facts giving rise to the aforesaid two writ petitions are that the landlord who is petitioner in Writ Petition No. 1677 (R/C) of 1979 and is opposite party no.3 in Writ Petition No. 2800 (R/C) of 1979, filed a suit for ejectment against the tenant and for recovery of arrears of rent amounting to Rs. 2523.35 and compensation for use and occupation and also for recovery of Rs. 519.56 as water tax. The learned Civil Judge, Barabanki by means of the judgment and decree dated 2.8.1976 decreed the suit for recovery of Rs. 1764/- as arrears of rent as well as for ejectment of tenant from the premises in question. The landlord was also found entitled to recover compensation for use and occupation at the rate of Rs. 49/- per month (Rs.45/- as rent and Rs. 4/- per month as water tax) from the tenant till the recovery of possession on payment of necessary court fees.

(3.) Feeling aggrieved by the judgment and decree passed by the Civil Judge, Barabanki, both landlord and tenant preferred two revisions no. 20 of 1976 and 24 of 1976 before the District Judge, Barabanki, which were disposed of by the 1st Additional District Judge, Barabanki, vide judgment and order dated 12.4.1979.