LAWS(ALL)-2015-1-105

BACHCHAN LAL Vs. RAM PRAKASH

Decided On January 23, 2015
BACHCHAN LAL Appellant
V/S
RAM PRAKASH Respondents

JUDGEMENT

(1.) Heard Sri S.C. Tripathi, learned counsel for petitioner and Sri Arun Pratap Singh, learned counsel for respondents.

(2.) It is tenant's writ petition, who is facing ejectment from shop in dispute, and, therefore has approached this Court by means of the present writ petition seeking writ of certiorari for quashing the judgments and decrees passed by Courts below and restraining the respondents-landlords from evicting the petitioner from accommodation in question.

(3.) The dispute relates to a shop, which is part of a house situate at Arazi No. 28 Mauza Ahmadpur, Post Mariyahun, District Jaunpur. Respondent-landlord, Ram Prakash (since deceased and substituted by legal heirs), instituted Small Cause Suit No. 8 of 1998 for ejectment and recovery of arrears of rent and mesne profit etc. on the ground that petitioner-defendant, a tenant in the shop in dispute, has committed default in payment of rent, and, therefore, liable for ejectment. Trial Court formulated following four issues: