SHIV CHARAN PRASAD GUPTA Vs. KRISHNA TEWARI

JUDGEMENT

(1.) Shri Daya Shanker Tiwari, who died during the pendency of suit and whose heirs are opposite parties in the revision, instituted SCC Suit No. 11 of 1982 for ejectment of defendant Nos. 1 and 2, the tenants who are applicants in the above revision and also for recovery of arrears of rent and damages etc. The said suit has been decreed by the Court below by judgment and order dated 6.10.1983. Feeling aggrieved against the aforesaid judgment and decree, present revision is on behalf of tenants under Section 25 of Provincial Small Cause Courts Act.

(2.) The suit giving rise to the present revision was filed on the pleas inter alia that the defendants No. 1 and 2 who are father and son took the disputed property namely Kothi No. 22/70 Vijay Nagar Colony, Agra on a monthly rent of Rs. 450 in the beginning of February 1977, their tenancy has been terminated by means of notice which was served on the defendants on 20.11.1981, as they were in arrears of rent for more than four months. In spite of service of notice the defendants failed to vacate the disputed premises and, therefore the suit for recovery of rent and mesne profit amounting to Rs. 16,200, cost of notice at Rs. 300 and future mesne profit @ 600 per month, was instituted. It was further pleaded that the defendants obtained endorsement of no objection on the blank allotment application when, as a matter of fact, they had already entered into contract of tenancy on 1.2.1977.

(3.) A joint written statement was filed by the defendants on the pleas inter alia that the possession of the disputed accommodation was delivered to the defendant No. 2 alone on 22.2.1977 and the rent was Rs. 50 per month excluding taxes etc. It is not necessary to notice other pleas as they all have been found against the defendant tenants and were not pressed in revision by Sri Prakash Gupta, learned Counsel for the applicants and thus have attained finality and have become matter of history.