SURENDRA KUMAR DWIVEDI MAHENDRA KUMAR DWIVEDI DEVENDRA KUMAR DWIVEDI Vs. VTH ADDITIONAL DISTRICT JUDGE JUDGE SMALL CAUSES MUNSIF VIITH

JUDGEMENT

(1.) Respondent No. 3 Bhani Ram filed a suit against Sundar Lal Dwivedi since deceased and survived by the petitioners being SCC suit No. 450 of 1978 on the file of JSCC/Munsiff, Jhansi. In the suit it was stated that defendant was tenant on a room of house No. 130 at the rent of Rs. 15/- per month, he was defaulter in payment of rent and had not paid the rent inspite of notice of demand and termination of tenancy. The defendant Sundar Lal Dwivedi filed written statement stating therein that initially he was the tenant of the entire house on behalf of custodian evacuee property, that thereafter one Sindhi purchased the said house and on his request defendant vacated half of the house and rent was reduced from Rs. 10/- to Rs. 5/- per month, that thereafter respondent No. 3 Bhani Ram alongwith his brother purchased the house in dispute, that the son of defendant Sundar Lal was in the service of firm of respondent No. 3 Bhani Ram hence Respondent No. 3 persuaded the defendant to vacate the entire portion of house No. 130 in his tenancy occupation and retain only one room without payment of rent. It was further pleaded that defendant agreed to the said proposal and delivered possession of the tenanted portion except one room i.e. the room in dispute in the suit hence neither he was tenant of the said room nor he was liable to pay any rent thereof. It was specifically pleaded by the defendant that when he was permitted to retain one room in lieu of surrender of the remaining tenanted portion, it was agreed that he would not be required to pay any rent. Defendant also pleaded that he did not receive any notice. Tenant also denied the landlordship of respondent No. 3.

(2.) Trial court/JSCC/Munsiff VIIth Jhansi found that tenant was defaulter since 12.11.1975, that the rate of rent was Rs. 15/ per month and that tenant had also denied the title of the landlord. Trial court also found that defendant was tenant of the disputed room and plaintiff landlord thereof. Trial court therefore decreed the suit for eviction and recovery of rent/damages for use and occupation pendentelite and future at the rate of Rs. 15/- per month. The suit was decided on 9.8.1984.

(3.) Against judgment and decree dated 9.8.1984 petitioners filed SCC revision No. 115 of 1984. VI th A.D.J., Jhansi through judgment and order dated 14.8.1985 substantially dismissed the revision. However, revisional court modified the decree for recovery of arrears of rent etc. Revisional court awarded the arrears of rent and mesne profit at the rate of Rs. 5/- per month instead of Rs. 15/- per month which had been awarded by the trial court. Revisional court also granted one year's time to vacate. This writ petition is directed against the aforesaid judgment and decree of the trial and judgment and order of the revisional court.