OM PRAKASH KAPOOR Vs. URMILA DEVI

JUDGEMENT

(1.) PRAKASH Krishna, J. Present revision is directed against the judgment and decree dated 14th July, 2000 passed by XI Additional District Judge, Allahabad in SCC Suit No. 11 of 1993, whereby it decreed the suit for ejectment of the defendants and recovery of arrears of rent at the rate of Rs. 1,200/- per month for the period 1st May, 1992 to 31st August, 1992, and thereafter, for damages at the rate of Rs. 1,300/- per month alongwith the cost of the notice till the date of delivery of the possession of the disputed shop.

(2.) SMT. Urmila Devi, opposite party No. 1 instituted SCC Suit No. 11 of 1993 against SMT. Pushpa Kapoor (Opposite Party No. 2 in the present revision) and SMT. Sheela Kapoor, who died during pendency of suit and her heirs and legal representatives were substituted. The present revision is on behalf of the heirs and legal representatives of SMT. Sheela Kapoor.

(3.) DEFENDANT No. 2, Smt. Sheela Kapoor in her separate written statement stated that the shop in question was initially let out to M/s. New Kapoor Lattoo Wala through Smt. Pushpa Kapoor, defendant No. 1 in the year 1980, wherein the members of the family, namely, Smt. Sheela Kapoor, Raj Kapoor and Madhu Kapoor carried on the business to the knowledge of the plaintiff. The said firm was dissolved w. e. f. 2nd May, 1984. The tenancy of the shop was surrendered by defendant No. 1, in favour of the plaintiff, who in turn let it out to defendant No. 2 on a monthly rent of Rs. 1,100/- w. e. f. May, 1984, which was enhanced to Rs. 1,200/- in the month of October, 1987 and thus, there was privy of contract in between the plaintiff and defendant No. 2 and there is no default in payment of rent.