CHHOTEY LAL Vs. XIV ADDL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) THIS writ petition is directed against the judgment and order dated 8-1-85 passed by the Addl. Judge Small causes court in S.C C. Suit no. 116 of 1980 and revisional judgment in S.C.C. Revision no. 25 of 1985 dated 9-9-85 passed by the XIV Add!. District Judge, Kanpur, whereby the suit for arrears of rent, damages was decreed and decree for eviction was granted by the trial court and the said judgment and decree was affirmed by the revisional court.

(2.) THE opposite parties-plaintiffs are the landlords and owners of premises no. 108/64, Gandhi Nagar, Kanpur. THE petitioner was a tenant in one kothari of the ground floor of the said premises at the rate 2.50 p. rent per month. THE petitioner fell in arrears of rent which he failed to pay on the demand notice of the opposite parties. It is said that the petitioner failed to pay the rent w.e.f. 1-8-1974 to 19-12-1979. THE rent for 1-8-74 to 31-1-77 had become barred by limitation THE plaintiffs-opposite parties had served notice claiming rent for 1-2-77 to 19-12-79 and damages for the period 20-12-79 to 1-2-80. THEre is no dispute about the service of the demand notice. THE other pleas of the plaintiffs-opposite parties was of sub letting half of the kothari to Smt. Savitri Devi and her two sons. Smt. Savitri Devi and her two sons are none-else than widowed Bhabhi of petitioner and nephew. THE plea of creating nuisance etc. was also raised by the respondent in the suit.

(3.) THE provision of section 30 (1) of the Act is quoted as under :