MOTI LAL Vs. UMA DEVI SHUKLA AND ORS.

JUDGEMENT

(1.) This is a defendant's revision directed against the judgment and decree dated 1 -11 -1983 passed by Sri K.D. Shahi, learned III Addl. District Judge, Kanpur in S.C.C. Suit No. 100 of 1971, Smt. Sharda Devi v/s. Moti Lal. The suit was decreed for ejectment, recovery of arrears of rent and damages with costs. The suit was filed by late Smt. Sharda Devi plaintiff for ejectment of defendant from the disputed premises, for recovery of Rs. 3120/ - as arrears of rent, Rs. 283 -50 as Bhumi Bhawan Kar, for Rs. 616 -67 as mesne profits; a decree for pendente lite and future mesne profits at the rate of Rs. 500/ - per month till the actual eviction of the defendant from the disputed premises was further sought. The suit was filed on 24 -11 -1969. Smt. Sharda Devi, plaintiff expired pending this long drawn litigation. Smt. Uma Devi Shukla, widow of late Sri Shiv Krishna Shukla, son of Smt. Sharda Devi has been substituted in her place as plaintiff.

(2.) Defendant No. 1 was Moti Lal who was impleaded as Proprietor of the Firm M/s. Mahabir Rolling Mills, Fazal Ganj, Kanpur.

(3.) Defendant No. 2, Sri Khazan Singh, defendant No. 3 Sri Anup, defendant No. 4 Sri Lal Behari who died pending the suit and defendant No. 5 Sri Vijai Kumar were impleaded as sub -tenants.