RAM KISHORE Vs. IIND ADDITIONAL DISTRICT JUDGE MIRZAPUR

JUDGEMENT

(1.) S. U. Khan, J. Chhotey Lal, original respondent No. 2 since deceased and survived by legal representatives filed S. C. C. Suit No. 15 of 1986 before J. S. C. C. /additional Civil Judge, Mirzapur against petitioner Ram Kishore for his eviction claiming therein that Ram Kishore was his tenant at the rate of Rs. 100/- per month in a portion of the house and in the remaining portion Chhotey Lal was residing. Petitioner filed written statement pleading therein that he was son of plaintiff Chhotey Lal and that Chhotey Lal had contacted second marriage and under the influence of his second wife Shanti Devi he had given notice to him and filed the suit for eviction. Petitioner out rightly denied relationship of the landlord and tenant in between Chhotey Lal and him.

(2.) IN the suit, petitioner filed an application under Section 23 of Provincial Small Cause Courts Act for return of plaint for filing before regular Civil Court as intricate question of title was involved. The said application was rejected on 30-9-1991. Ultimately, Trial Court held that Ram Kishore was son of Chhotey Lal, and through judgment and decree dated 31-7-1995 dismissed the suit. The Trial Court also held that Ram Kishore was not the tenant. Trial Court further held that in case Ram Kishore was the tenant then the suit was not maintainable in view of Full Bench authority of Allahabad High Court in Nootan Kumar v. A. D. J. , 1993 (22) ALR 437 (FB ). Against judgment and decree passed by Trial Court Chhotey Lal filed S. C. C. Revision No. 3 of 1995.

(3.) DURING pendency of writ petition, Chhotey Lal respondent No. 2 died and his widow Shanti Devi and eight sons and daughters applied for impleadment through application filed on 29-7-2002. Petitioner also filed substitution application for impleading the same persons on 17-4-2003.