KEDAR NATH KANU Vs. MAHABIR PRASAD

JUDGEMENT

(1.) :-

(2.) THIS is a defendant's revision directed against the judgment and decree of learned Judge Small Cause Courts, Deoria Sri R. C. Chaturvedi, (II Additional District Judge) in SCC suit no. 3 of 1981. Plaintiff's suit for recovery of possession and arrears of rent amounting to Rs. 3240/- at the rate of Rs. 90/- per month was decreed; mesne profits at the aforesaid rate till the date of recovery of possession were also allowed on payment of necessary court fees, alongwith the costs of the suit.

(3.) LEARNED trial Judge framed five issues in the suit. He found under issue no. 1 that there was relationship of landlord and tenant between the parties; in a partition decree the disputed premises fell in share of plaintiff.