SRI BRIGUNATH SAHAI SINHA Vs. D J BALLIA

JUDGEMENT

(1.) N. L. Ganguly, J. This writ petition is directed against the judgment and decree of the orders of the revisional court dated 17-9-84, 9-4-87 and the judgment of Small Causes Court dated 28-1-85.

(2.) WHEN this petition was filed, the Hon'ble Court was pleased to direct that W. P. No. 13044 of 1984 was pending before the Court between the same parties. The court was, thus, pleased to direct that this petition be listed alongwith the record of PW No. 13044 of 1984 aforementioned. This petition was admitted on 2-8-88 and connected with the said writ petition. I have already decided the said writ petition and dismissed the same. Since it is a connected with petition, separate judgment is being given.

(3.) FOR the first time, the defendant petitioner deposited the entire amount of rent and damages in compliance of Section 20 (4) of the Act and filed a written statement alleging that the plaintiff was not the sole landlord and owner of the premises in dispute. He is the co-landlord alongwith his brother Shiv Shanker, Vijai Shanker and Munnuji and mother Smt. Raj Bashi Devi. The petitioner stated that he had entered into a contract of tenancy with the plaintiff respondent's father Brij Nath Sahai, who died in 1980. The plaintiff had filed an application under Sec. 21 of the Act in the Court of the prescribed authority which was dismissed on 28-8-79 on the ground that the plaintiff is not the sole landlord of the premises in dispute. The application was allowed in appeal and the writ petition is pending in the Hon'ble High Court. The reference to these facts relate to the writ petition No. 13044/84 which have been decided by separate judgment.