SURYA PRAKASH MISHRA Vs. GURUBACHAN SINGH SALUJA

JUDGEMENT

(1.) Heard Shri S.K. Mehrotra, learned counsel for the tenant petitioner and Shri Jaspreet Singh learned counsel for the landlords opposite parties nos 1 to 3.

(2.) This is tenant's writ petition arising out of suit for eviction filed against him by the landlords respondents in the form of SCC Suit No. 13 of 1991 Gurubachan Singh and others Vs. Surya Kumar Mishra and Akhikesh Kumar ( Akhilesh Kumar is proforma opposite party no. 4 in this writ petition). J.S.C.C./ Civil Judge, Senior Division Lakhimpur Khiri decreed the suit on 02.03.2001 only on the ground that U.P. Act No. 13 of 1972 was not applicable to the building in dispute which was in the form of two shops. Rate of rent of both shops is Rs. 1400 per month. However the findings of default and sub letting were recorded in favour of the tenant and against the landlords. Against the judgment and decree passed by the trial court petitioner filed Revision No. 5 of 2001. 5th A.D.J. Lakhimpur Khiri dismissed the revision on 02.01.2004, hence this writ petition.

(3.) It was alleged that the tenant petitioner had sub let a part of the shop in dispute to Akhilesh Kumar defendant no. 2/ opposite party no. 4. The said assertion of the landlord was not believed by the courts below.