SARDAR GURTAHAL SINGH Vs. ANAND SINGH JAGDHARI

JUDGEMENT

(1.) THE appellant feeling aggrieved by the judgment and order dated 04.03.2003 passed by the First Additional Civil Judge (Junior Division) Raebareli in Regular Suit No.124 of 1989 and the judgment and order dated 26.10.2005 passed by the Additional District Judge, Court No.VI, Raebareli in Regular Civil Appeal No.45 of 2003 dismissing the appeal, has approached this Hon'ble Court.

(2.) THE plaintiff -respondent no.1 filed a suit against the appellant and eight others for ejectment and possession along with recovery of arrears of rent from the premises in question. According to plaint allegations, late Babu Kismat Rai Jagdhari was a renowned Advocate of District Raebareli. He was living with his family in a Hindu undivided family. He died on 31.01.1953. Before his death, he had purchased two plots of land Nos.124 and 125 by means of a registered sale -deed dated 27.01.1920 from Sardar Amar Singh Talukedar. He constructed a Cinema Hall over Plot No.125 and a palatial house over Plot No.124 leaving besides a big compound. After the death of Babu Kismat Rai Jagdhari, his widow Smt. Shyam Pyari Devi became Karta of the Hindu undivided family and started looking after the property left by her late husband. She had given on rent a house to the appellant -defendant on a monthly rent of Rs.42/ -. Smt. Shyam Pyari Devi in her Will appointed the respondent no.1 as Karta during her lifetime disqualifying Babu Ram Singh Jagdhari. The appellant -defendant after the death of Smt. Shyam Pyari Devi started claiming title over the property in question while as a matter of fact his status was only that of a tenant. The defendant -appellant had sublet a portion of the premises in question to Mohd. Javed and Mohd. Taslim, who were also arrayed as the respondents no. 8 and 9 in the second appeal, but on the application of the appellant, their names were deleted. It was further alleged in the plaint that the defendant -appellant did not pay any rent and a sum of Rs.8,000/ - became due to him towards arrears of rent. The respondent no.1 served a notice on 06.02.1987 through his Advocate asking him to pay the entire arrears of rent and also terminating his tenancy after the expiry of 30 days from the date of receipt of the notice. The respondent no.1 also filed a criminal case in the Court of Chief Judicial Magistrate, Raebareli in which the defendant -appellant did not claim himself as owner of the premises in question. On the basis of the plaint averments, the aforesaid respondent no.1 claimed a decree for ejectment and recovery of arrears of rent.

(3.) THE defendant -appellant contested the suit and filed his written statement alleging therein that Smt. Shyam Pyari Devi had given him the land on rent in the month of October, 1963 with permission to raise permanent structure over it. The defendant -appellant in accordance with the permission given by Smt. Shyam Pyari Devi constructed a pakka house and after construction, the permission given by Smt. Shyam Pyari Devi became irrevocable and consequently the defendant -appellant became the owner thereof. The name of the defendant -appellant was entered into in the record of the Nagar Mahapalika, Raebareli. He denied his status as tenant in respect of the premises in question and submitted that the suit for recovery of rent and ejectment against him was not maintainable.