LIYAKAT ALI Vs. SHYAMSUNDER TIWARI AND ANOTHER

JUDGEMENT

(1.) Landlord's petition for eviction has been decreed by both the courts below, which is under challenge in the present petition under Art. 227 of the Constitution of India.

(2.) Proceedings for eviction of the petitioner were initiated by the respondent no.1 with the allegation that the defendant no.1 was tenant of the premises and defendant no.2, who is the petitioner herein, was also arrayed as defendant. It was pleaded that tenant has defaulted in payment of rent, and consequently, proceedings for eviction were initiated. Both the courts below have found that defendant no.1 was the tenant and a finding has been returned that there was a default in payment of rent, and as such, decree for eviction of the petitioner has been granted.

(3.) Learned counsel for the petitioner submits that in fact the property belonged to Deepak Tiwari, who happens to be nephew of respondent no.1. Submission is that proceedings at the instance of respondent no.1 was not maintainable. It is also stated that defendant no.1, who is son of petitioner herein, was not the tenant and it was claimed that petitioner in fact was tenant of the premises in question, and therefore, the orders impugned are liable to be set aside.