RAJENDRA KUMAR Vs. DISTRICT JUDGE JAUNPUR

JUDGEMENT

(1.) For the decision of the writ petition, the essential facts are as underJwala Prasad Plaintiff instituted Small Cause Suit No. 2 of 79 in the Court of J.S.C.C. (Civil Judge) against Raj Kumar and 10 other defendants and alleged in the suit that the disputed shop along with Kothari described at the foot of the plaint was given on rent to defendant No: l and Vishwanath for Rs. 30.00per month and in that connection the defendant No. 1 and Vishwanath executed rent deed in plaintiff's favour on Ist March, 1970. It was also alleged that after the death of Vishwanath his legal representative became the tenant of the said shop. It was also alleged that on the demand of rent from 1/07/1973 to 31/01/1975 at the rate of Rs. 40.00 per month, the defendant did not pay the same even despite repeated demand, on that basis plaintiff does not want to continue the defendants as tenants, the plaintiff terminated the tenancy of defendants by notice and the plaintiff prayed for the relief that the plaintiff be put in possession of this disputed shop by evicting the defendants also demanding the decree of mandatory nature in plaintiff's favour.

(2.) The defendants contested the aforesaidsuit and alleged that the defendant No. 1 and father of the remaining defendants has taken on rent the aforesaid shop initially from Smt. Chhabriaji widow of Gokul Prasad at the rate of Rs. 18.00 per month, 8 or 10 years ago. There is no relationship of landlord and tenant between the plaintiff and defendant.

(3.) The Judge Small Causes Court by order dated 23.4.1975 directed that Judge Small Cause Court has no jurisdiction to hear the case accordingly the plaint was returned. The plaintiff filed the plaint in the Court of Munsif, Jaunpur along with the said order on the regular side. On 13-12-1975 Munsif, Jaunpur ordered that the suit is cognizable only by Small Causes Court and the said suit is not cognizable in Munsif Court on regular side. Accordingly it was directed that plaint be returned to be filed before competent Court. Consequently, the plaintiff again filed the plaint on 4-12-1979 in the Court of Small Causes Court. On 14-10-1987, the plaintiff's suit was decreed against the defendants by the Judge Small Cause Court. Aggrieved by the said judgment, the defendants preferred revision in the Court of District Judge Jaunpur. District Judge, Jaunpur by judgment dated 22-12-1989 dismissed the revision of defendants. Aggrieved by the said judgment, the present writ petition was filed by defendant Rajendra Prasad, the plaintiff has been arrayed as Respondent No. 3 to the writ petition. The other legal representative of original tenant Vishwanath have been arrayed respondents 5 to 12 to this writ petition.