RAJENDER KUMAR SHARMA Vs. IIND A D J

JUDGEMENT

(1.) This is tenant's writ petition arising out of Suit for eviction filed by landlord-respondent No. 3 Janki Prasad in the form of Suit (S.C.C. suit) No. 54 of 1987 on the file of J.S.C.C., Moradabad. Eviction was sought on the ground of default and decree for recovery of arrears of rent was also prayed for. The suit was decreed for eviction as well as recovery of arrears of rent through judgment and decree dated 11.10.1988. Tenant-petitioner filed S.C.C. Revision No. 74 of 1988 against the said judgment and decree, IInd A.D.J., Moradabad through judgment and order dated 8.11.1989 dismissed the revision hence this writ petition.

(2.) Property in dispute is a quarter situate in Ashok Nagar, Moradabad. It was allotted to the petitioner in the year 1953 and in the allotment order Hemraj real brother of plaintiff Janki Prasad was shown to be the landlord. Initially rate of rent was Rs. 10 per month. In the plaint it was stated that since 1972 rent had been enhanced to Rs. 15.62 by the landlord through notice dated 28.8.1972, served upon the petitioner on 30.8.1972 and that since 1972 no rent had been paid. It was further stated that tenancy of the petitioner was terminated through notice dated 9.1.1987.

(3.) The tenant filed written statement pleading therein that Hemraj was his landlord who had died and after his death he was paying rent to Smt. Bhagwati Devi widow of Hemraj and that he had paid rent to Smt. Bhagwati Devi till May, 1987, against receipt. Petitioner stated that he was not aware that how plaintiff Janki Prasad became landlord. It was also stated that suit was bad for non-Joinder of Smt. Bhagwati Devi.