SHABBAN KHAN Vs. THE XIII ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) HEARD Sri Rajesh Tandon for the petitioner and Sri P.N. Rai for respondent No. 3. This writ petition has been filed for quashing the judgment, Annexure '5' dated 22.4.1992 passed by 13th Addl. District Judge, Moradabad.

(2.) THE brief facts of the case are that respondent No. 3 filed a suit for ejectment, arrears of rent and damages for use and occupation on the ground that the tenant has committed default in payment of rent and has also sub -let the premises. According to the plaintiff, Sajid Ali Khan (now deceased), the premises were let out to petitioner No. 1 Shabban Khan who has sub -let it to petitioner Nos. 2 and 3 Bachhan and Laddan.

(3.) THE defendants paid the arrears of rent on the first date of hearing and, therefore, the ground of default is not available to the landlord. After perusing the evidence, the trial court came to the conclusion that the premises were let out to Shabban and Abban. Laddan and Babban have been inducted as sub -tenants. The suit was dismissed by the trial court on 16.4.1990, vide Annexure '4' on the ground that the legal representatives of Abban Khan have not been impleaded. Being aggrieved against the dismissal of the suit the landlord Sajid Ali preferred a revision. The revisional court, vide judgment Annexure '5' dated 25.4.1992, upheld the findings of the trial court on the question of sub -tenancy and it was held that Babban and Laddan, petitioner Nos. 2 and 3, have been inducted by petitioner No. 1, Shabban as sub -tenants. The revision court, however, held that after the death of Abban his widow has re -married and is no more living in the house in question. Therefore, there has been an implied surrender of the tenancy by the legal representatives of Abban. The suit was, therefore, wrongly dismissed by the trial court on the ground of non -joinder of legal representatives of Abban. In this view of the matter, the revisional court reversed the judgment of the Judge, Small Causes Court and decreed the suit in toto. The present writ petition has been filed against the judgment of the revisional court.